The Teton Range at sunset reflected in the beaver ponds at Schwabacher Landing, Grand Teton National Park
Schwabacher Landing at sunset · Teton County, Wyoming · Photograph: Aaron Herzberg
Legal separation · W.S. § 20-2-106

Legal separation in Wyoming: married on paper, apart by decree.

Wyoming calls it judicial separation. It is the same lawsuit as a divorce, with the same disclosures, the same orders about children, money and property, and one difference at the end: the marriage continues. People choose it for health insurance, for faith, for a pension or a military benefit, or because one of them is not ready and the other needs orders now. It is a deliberate choice, and it should be made with the reasons written down.

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Assume the plan keeps covering you.
Some employer plans treat a court-ordered separation as the end of spousal coverage. Get the answer in writing before you file.

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Three things the statute settles.

Same grounds, same complaint.

When "grounds for a divorce exist," a spouse may file "in the same manner as if petitioner were seeking a decree of divorce, but praying instead to be allowed to live separate and apart" (W.S. § 20-2-106(a)). The ground is irreconcilable differences; the residency rule is the same sixty days.

Same orders.

The court "may make such orders as appear just, including custody of the children, provision for support, disposition of the properties of the parties, alimony," and restraints on either spouse and on property (W.S. § 20-2-106(c)). It can set a time limit on the separation or make it perpetual.

Not the end.

Either spouse "may at any time move the court to be discharged from the order," and a divorce may be granted afterward on grounds arising after the separation (W.S. § 20-2-106(b), (c)). Every defense available in a divorce is available here (§ 20-2-106(d)).

Why people choose it.

Insurance, faith, benefits, and time

The most common reason in my practice is health insurance. A spouse with a serious condition, or with no employer of their own, loses coverage the day a divorce decree is signed, and the market alternative in Wyoming is expensive. A judicial separation can keep that spouse on the plan for as long as the plan allows, with support and property settled by order in the meantime. The second reason is faith: couples whose religion does not recognize divorce can obtain every practical protection of one without the decree their conscience refuses.

The third is benefits that turn on the marriage lasting: a military spouse approaching the twenty-year mark that unlocks medical and commissary rights, a pension with a survivor benefit that ends at divorce, Social Security spousal benefits that require ten years of marriage. The fourth reason is simpler. One spouse is certain the marriage is over and the other is not, and both need the children's schedule, the bills and the accounts settled while they find out. A separation decree gives them that without forcing the question.

In Teton County the case is filed in District Court and assigned to Judge Owens, like every other domestic case in the county. The scheduling conference, the Rule 26 disclosures, the financial affidavit where children are involved, and mediation if either spouse asks for it all apply. A separation does not move faster than a divorce because it is less final; it moves at the speed of the paperwork.

A judicial separation, in orderWyoming
  • 01Residency: one spouse has lived in Wyoming sixty days, or the marriage was solemnized here and one spouse has stayed (§ 20-2-107)
  • 02The complaint: filed in the district court of the county where either spouse lives, alleging irreconcilable differences and asking to live separate and apart (§ 20-2-106(a))
  • 03Service and answer: the other spouse is served and has twenty days to answer, and may counterclaim for divorce instead (W.R.C.P. 12(a))
  • 04Temporary orders: support, fees, custody and asset restraints while the case is pending, on the same terms as a divorce (§ 20-2-111, -112)
  • 05Disclosures: W.R.C.P. 26(a)(1.1) initial disclosures and, with children, a financial affidavit before any support order
  • 06Settlement or hearing: a stipulated decree if the terms are agreed; mediation if either spouse asks; a contested hearing if not
  • 07The decree: custody, support, alimony, property and restraints; a time limit or a perpetual separation; either spouse may later move to be discharged, or file for divorce (§ 20-2-106(b), (c))

The twenty-day minimum in § 20-2-108 is written for divorce decrees. The practical calendar for a separation is the same, because service, the answer period and disclosures take longer than twenty days in any case.

A folder of papers on a kitchen table in the morning light, the Tetons outside
Separation papers look like divorce papers because, in Wyoming, they nearly are

Where a separation ends.

It becomes a divorce. Either spouse files for divorce on grounds arising after the separation, which in practice means irreconcilable differences stated again. The court can carry forward custody, support and the property division already decreed, or revisit them if circumstances changed. The separation decree is not wasted work; most of its terms become the divorce decree with the dates updated. The divorce page covers what follows.
A new complaint, and most of the terms carry over.
It is discharged. The spouses reconcile, or simply decide the orders are no longer needed, and either moves the court to be discharged from the decree. The marriage never ended, so nothing needs to be restored. Property divided under the decree stays divided unless the spouses retitle it, and any support that accrued before the discharge is still owed. A couple who reconcile should ask the court to discharge the order rather than ignore it.
A motion, and the orders end. The marriage never did.
Weighing a separation against a divorce? The difference is usually one document from an insurer or a plan.
A consultation is a scheduled working session, in person in Jackson or by video.

What the decree can and cannot do.

Property and the date of separation, children and support, the traps, and separation agreements without a decree

Property, and what happens after the decree

The court may dispose of "the properties of the parties" in a separation exactly as it would in a divorce, under the just-and-equitable standard of W.S. § 20-2-114. That is the part people most often get wrong. A separation decree can divide the house, the accounts and the retirement plans now, and a couple who want their finances untangled while the marriage continues should ask for that. What the decree should also say is what happens to property either spouse acquires afterward. You are still married, and Wyoming's property statute does not stop the clock at a separation; a divorce filed five years later puts everything either of you owns in front of the judge again, with the separation decree as strong evidence of what was already settled but not a guarantee. The decree, or a separation agreement incorporated into it, should state that post-decree earnings, purchases and debts belong to the spouse who made them. The division of assets page explains the standard the court applies; the separate property page explains why a date on a decree matters more here than in states that draw a line at separation.

Children and support

Custody and visitation are decided under the same best-interests factors as in a divorce (W.S. § 20-2-201), in well defined terms, and the statute names separation alongside divorce as a proceeding in which the court makes that disposition. Child support comes from the presumptive guideline after both parents file financial affidavits, and the calculator gives a working estimate. Alimony is available on the same discretionary terms as in a divorce, and in a separation it is often the central term, because the spouse who stays on the insurance may also be the spouse without an income. All of these remain modifiable later, as they would be after a divorce (W.S. § 20-2-116, modifications). If custody is contested at a hearing, Judge Owens requires a guardian ad litem, as she would in a divorce; the custody page describes what that involves.

The traps

Four come up repeatedly. First, the plan: some employer health plans end spousal coverage at a court-ordered separation, and the benefits office has to be asked in writing before the complaint is filed. Second, taxes: a couple separated by decree may still file jointly, and whether they should is a question for a tax preparer who has read the decree; the alimony ordered in a separation decree is treated under the current federal rule, which no longer deducts it. Third, estate rights: a separated spouse is still a spouse, with the elective share and intestate rights that come with it, and a will signed during the marriage is not revoked by a separation. Anyone who does not want a separated spouse inheriting needs a new will and a waiver. Fourth, the counterclaim: a spouse served with a separation complaint can answer with a counterclaim for divorce, and if they do, the court grants the divorce. The separation only holds if both spouses accept it.

Separation agreements without a decree

Many couples want the terms written down without a lawsuit, and Wyoming lets married people contract with each other as they could if unmarried (W.S. § 20-1-202(a)). A separation agreement can set the parenting schedule, support, who pays which bills and who lives in the house, and it is enforceable as a contract. It is not a decree: no contempt power stands behind it, child support in it is not an order the State can collect, and a term about the children binds nobody if a court later finds it against their interests. Its best use is as the first draft of a stipulated decree, filed with the complaint so the court can enter it within weeks, or as a postnuptial agreement for a couple who intend to stay married but want their property settled.

Asked about legal separation in Wyoming.

What is the difference between legal separation and divorce in Wyoming?
The marriage. A decree of judicial separation leaves you married and lets you live apart under court orders that cover the same ground as a divorce decree: custody, visitation, child support, alimony, who gets what property, and restraints on either spouse. A divorce decree ends the marriage. Everything else, from the complaint to the disclosures to the hearing, is the same proceeding. Because you remain married after a separation, you cannot remarry, you may still be eligible for a spouse's health insurance and certain benefits, and property you acquire afterward can still be argued over in a later divorce unless the decree says otherwise.
Do I need a reason to get a legal separation?
The same reason as for a divorce, which in Wyoming is irreconcilable differences. The statute says a separation is available when "grounds for a divorce exist," and since the ordinary ground is one spouse's sworn statement that the marriage cannot be repaired, the threshold is the same low bar. You also have to satisfy the residency rule: sixty days in Wyoming before filing, or a Wyoming wedding and continuous residence since. People sometimes assume a separation is easier to get than a divorce because it is less final. It is not easier, and it is not faster; it is the same lawsuit asking for a different decree.
Can we just separate without going to court?
You can live apart without any decree, and many couples do. What you cannot get without the court is an order: nothing requires your spouse to pay support, keep the children on a schedule, or leave the accounts alone until a judge signs something. A written separation agreement between the two of you is a contract and can be enforced as one, but a contract is not a decree, and a spouse who stops honoring it has to be sued. The judicial separation exists for couples who need the court's authority behind the arrangement while the marriage continues, and it is the route I recommend when money or children are involved and trust is already thin.
Can a legal separation be converted to a divorce?
Yes, though Wyoming does not use the word convert. The statute says a divorce "may be granted after the decree of judicial separation is entered upon proper grounds arising thereafter." In practice either spouse files for divorce when the time comes, and the court can carry forward what the separation decree already settled. One trap in the statute: the separation itself cannot be used as the ground for a divorce based on desertion or a two-year separation unless that ground existed when the separation was requested. Since nearly every Wyoming divorce proceeds on irreconcilable differences, that limit rarely matters, but it is there.
Will I keep my spouse's health insurance if we legally separate?
Often, which is one of the main reasons people choose this decree, but it depends on the plan, not on Wyoming law. Most employer plans cover a spouse until the marriage ends, and a judicial separation does not end it. Some plans, and some employers, treat a court-ordered separation as a qualifying event and drop coverage anyway. Before you file, read the plan document or have the benefits office answer in writing. In Jackson, where a spouse's job at the hospital, the resort or the school district is frequently the only reliable coverage in the family, that answer can decide which decree you ask for.
Can one spouse get a legal separation if the other wants a divorce?
No. If either spouse asks for a divorce and proves the ground, the court grants the divorce. A spouse who files for separation while the other counterclaims for divorce will end up divorced, because the statute does not let one person keep the other in a marriage that one of them has sworn is over. The reverse is also true: if both spouses want a separation and neither asks for a divorce, the court will not impose one. This is why the decision is made jointly when it can be, and why a spouse who needs the marriage to continue for insurance or religious reasons should raise that early, in negotiation, rather than hoping the court will refuse the divorce.
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