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Updated August 07, 2023

An Illinois separation agreement is a legal document that helps married couples who no longer wish to live together but do not wish to get divorced establish rules for doing so.

Couples may not wish to get divorced for a variety of reasons, including cost or religious beliefs. Unlike a divorce, legal separation is not permanent: couples can end it when they want. But like divorce decrees, couples can use separation agreements to set enforceable terms, including for child support and the division of marital property.

Is a Separation Agreement Legal in Illinois?

Yes, any couple living separate and apart may petition a court to settle property division and support through legal separation.

Source: 750 Ill. Comp. Stat. Ann. 5/402

Legal Separation Requirements

Filing Fee: Varies by county; Cook County is $388
Residency: At least one spouse must have been a resident in the state for at least 90 days prior to filing (750 Ill. Comp. Stat. Ann. 5/401)
Where to File: In the Circuit Court with jurisdiction over the residence of one of the spouses.