The short answer is it doesn’t exist. Pennsylvania does not recognize legal separation however it is not against the law for you and your spouse to live at separate addresses. Therefore, it is legal to live separately as a married couple in Pennsylvania, it’s just not referred to in those terms. The issuance of the divorce decree severs the legal ties between you and your spouse.
In fact, for the divorce filing, Pennsylvania requires you and your spouse to establish a separation date, or when you both stop acting like a married couple, to assist with the divorce filing. The separation date assists with the division of marital assets and the timeline for a no – fault divorce. Therefore, this decision to “separate” is financial, economic, emotional and practical.
First and foremost, the physical and emotional well being of the parties need to be considered. If abuse is present, then it might be ideal for one party to move out. One party’s leaving does not necessarily expose them to any legal ramifications down the road, especially if you are leaving for good cause. Next, it is important to consider economic and financial implications of a move. Hopefully, through communication with your spouse, you will be able to agree on a plan so you both can move forward without difficulty. However, it is important to understand your financial rights by speaking with a legal representative.