Updated March 19, 2023
A Washington D.C. separation agreement allows married couples to set binding terms for property, spousal support, and other matters while they are no longer living together as spouses but are not divorced.
Couples may, but do not have to, pursue legal separation through the courts, although this process is not common in the District. Legally separated couples remain technically married and cannot remarry until divorced.
Is a Separation Agreement Legal in Washington D.C.?
Yes, spouses are allowed to create separation agreements to determine property rights and spousal support levels. They can also seek a decree of legal separation from a court.
Source: § 16-904
Legal Separation Requirements
- Filing Fee: $120 (Civil Complaint)
- Residency: One or both spouses must have been a resident of the district for at least six months prior to filing (§ 16-902); couples must also have lived separate and apart at least one year prior to filing (§ 16-904)
- Where to File: With the Domestic Relations Branch of the Superior Court
Court Forms
