Legal Definitions - separate and apart

Definition: When a husband and wife live away from each other, with at least one spouse intending to end the marriage. This is also known as "living separate and apart." In some states, this is a reason for a no-fault divorce if the spouses have been apart for a certain amount of time.

Example: John and Jane have been living separate and apart for six months. John wants to end the marriage, but Jane is still hoping they can work things out.

Explanation: In this example, John and Jane are living separate and apart, with John intending to end the marriage. This could be a basis for a no-fault divorce in some states, depending on the length of time they have been apart.