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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Three things the statute settles.
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.
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.
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.
- 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.
Where a separation ends.
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?
Do I need a reason to get a legal separation?
Can we just separate without going to court?
Can a legal separation be converted to a divorce?
Will I keep my spouse's health insurance if we legally separate?
Can one spouse get a legal separation if the other wants a divorce?
Start with a confidential conversation with Aaron Herzberg.
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