Bellevue Legal Separation Attorney
Legal Separation in Bellevue and King County
Some couples are certain the marriage is over. Others are not — and Washington gives those couples a formal option that divides property, sets a parenting plan, and establishes support without ending the marriage itself.
A decree of legal separation resolves the same financial and parenting questions a divorce does. What it does not do is dissolve the marriage. You remain married, and you cannot remarry.
At Weintraub Law Office PLLC, we handle legal separations for clients throughout Bellevue, Kirkland, Redmond, Issaquah, and Mercer Island.
On this page:
- What a decree of legal separation actually does
- Either spouse can convert it to a divorce after six months
- Why people choose legal separation
- Where separation and divorce are identical
- Choosing between them
- How the process works
- Questions about legal separation
What a Decree of Legal Separation Actually Does
A decree of legal separation is a court order. It is not an informal arrangement, a trial separation, or a private agreement between spouses to live apart.
The decree can divide community and separate property, allocate debts, enter a parenting plan, set child support, and award spousal maintenance — the same relief available in a dissolution. A decree of legal separation is final when entered. The court generally cannot change how property was divided unless there is a legal basis to reopen the judgment.
A decree of legal separation does not dissolve the marriage. Neither spouse may remarry unless the court later enters a decree of dissolution. Before entry of the decree, the responding spouse may object to legal separation and petition for dissolution or invalidity.
Either Spouse Can Convert It to a Divorce After Six Months
This is the part most people considering legal separation do not know, and it matters more than anything else on this page.
Under RCW 26.09.150(2)(a):
“No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage or domestic partnership.”
Read that carefully. Either party may move for conversion. The court shall convert — the statute is mandatory, not discretionary. The other spouse’s agreement is not required, and the court is not weighing whether conversion is a good idea.
The practical consequence: a legal separation does not permanently preserve the marriage if only one spouse wants to preserve it. Six months after the decree, the spouse who wants a divorce can obtain one, and the terms already decided in the separation carry forward.
If you are choosing legal separation because you hope your spouse will reconsider, understand that the six-month clock is running from the day the decree is entered.
Why People Choose Legal Separation
The reasons are usually personal rather than legal:
- Religious conviction. Some faiths do not recognize divorce, and a separation resolves the practical questions without one.
- Ambivalence. One or both spouses are not ready to end the marriage but need financial and parenting arrangements settled now.
- Children. Some parents prefer to remain married while the children are at home.
- Benefits and eligibility. Health coverage, retirement, and certain federal and military benefits can turn on marital status or on length of marriage. Whether a legal separation preserves a particular benefit depends on the specific plan document or program rule — this is worth confirming with your plan administrator before you decide. Many health plans treat a legal separation the same as a divorce for coverage purposes.
We will talk through your reasons at the consultation. If the reason is benefits-related, bring the plan documents.
Where Separation and Divorce Are Identical
Clients are often surprised by how little differs. In Washington, a legal separation and a dissolution follow the same procedure and apply the same law to:
- Characterizing property as community or separate
- Dividing property and allocating debt
- Parenting plans and residential schedules
- Child support under the Washington State Child Support Schedule
- Spousal maintenance
Because the substantive work is the same, the cost and effort are generally comparable to a divorce.
For the mechanics of the underlying process, see our Bellevue divorce attorney page.
Choosing Between Them
| Question | Legal Separation | Dissolution (Divorce) |
|---|---|---|
| Does the marriage end? | No | Yes |
| Can you remarry? | No | Yes |
| Is property divided? | Yes | Yes |
| Parenting plan and child support? | Yes | Yes |
| Can the other spouse require dissolution? | Yes. The respondent may object and petition for dissolution before the decree, or either party may seek conversion six months after entry. | Not applicable. |
| Comparable cost and effort? | Yes | Yes |
How the Process Works
- Petition and service. One spouse files a petition for legal separation and serves the other.
- Temporary orders, if needed. The court can address residential arrangements, support, and use of property while the case is pending.
- Disclosure and negotiation. Both spouses exchange financial information and work toward agreed terms.
- Resolution. Mediation is common and required before trial in King and surrounding counties.
- Decree. The court enters a decree of legal separation setting out the property division, parenting plan, and support terms.
A legal separation can also be converted later, either by agreement or by motion under the statute above.
Questions About Legal Separation
Is a legal separation the same as living apart?
No. Living apart is a factual circumstance. A legal separation is a court decree that divides property, allocates debt, and sets parenting and support terms. Spouses can be legally separated and still share a residence, or live apart for years with no decree at all.
Can my spouse turn our legal separation into a divorce without my agreement?
Yes. Six months after entry of the decree, either spouse may move to convert it, and the statute directs the court to grant the motion. Your agreement is not required.
Will I keep my spouse’s health insurance?
That depends entirely on the plan. Some plans treat a legal separation as a qualifying event that ends a spouse’s eligibility, exactly as a divorce would. Read the plan document or ask the administrator before making the decision on this basis.
Can we reconcile and undo it?
You may reconcile without court action, but reconciliation by itself does not terminate the decree or its provisions. All orders remain in effect unless modified, terminated, or vacated by the court. Reconciled spouses, however, remain married and need not obtain an order to reestablish the marital community. Future earnings and acquisitions are governed by ordinary community-property law. Property previously divided by the decree retains its awarded character unless the spouses subsequently transfer or recharacterize it. Discuss the mechanics with your attorney, because property already transferred under the decree may need to be addressed separately.
Do we still need a parenting plan?
Yes, if you have minor children. The parenting plan and child support requirements are the same as in a dissolution.
Talk to a Bellevue Legal Separation Attorney
Weintraub Law Office PLLC serves clients throughout Bellevue, Kirkland, Redmond, Issaquah, Mercer Island, and King County. We work with many clients remotely, and also meet by appointment at our Bellevue and Bothell offices.
Last updated: August 2026