While a matrimonial case is pending adjudication, the concerned couple may voluntarily decide to live apart during the trial period. A trial separation does not change or affect the legal status of the marriage. During a trial separation the law still continues to treat the couple as married.
Legal Separation:
A legal separation is a dictum of the court that the couple shall not live together though the subsisting marriage between them is not affected. Such an order is passed when the court is satisfied that though situation renders it intolerable for the parties to cohabit yet the marriage should be retained. The duration of legal separation ranges between one to two years, depending on the state or jurisdiction.
Any one or both the spouses can apply to the court for a legal separation.
Couples may also separate voluntarily by and under a formal deed of separation.
At any time during legal separation either party can seek divorce.
Marital Separation Agreement:
A marital separation agreement spells out the terms and conditions of divorce covering property division, debt allocation, child custody, spousal support, and visitation.
