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Illinois Compiled Statutes

750 ILCS 5/402 (2026)

Legal Separation

✓ current as of May 2026
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(750 ILCS 5/402) (from Ch. 40, par. 402)
    Sec. 402. Legal Separation.
    (a) Any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they so live apart.
    (b) Such action shall be brought in the circuit court of the county in which the petitioner or respondent resides or in which the parties last resided together as husband and wife. Commencement of the action, temporary relief and trials shall be the same as in actions for dissolution of marriage, except that temporary relief in an action for legal separation shall be limited to the relief set forth in subdivision (a)(1) and items (ii), (iii), and (iv) of subdivision (a)(2) of Section 501. If the court deems it appropriate to enter a judgment for legal separation, the court shall consider the applicable factors in Section 504 in awarding maintenance. If the court deems it appropriate to enter a judgment for legal separation, the court may approve a property settlement agreement that the parties have requested the court to incorporate into the judgment, subject to the following provisions:
        (1) the court may not value or allocate property in
    
the absence of such an agreement;
        (2) the court may disapprove such an agreement only
    
if it finds that the agreement is unconscionable; and
        (3) such an agreement is final and non-modifiable.
    (c) A proceeding or judgment for legal separation shall not bar either party from instituting an action for dissolution of marriage, and if the party so moving has met the requirements of Section 401, a judgment for dissolution shall be granted. Absent an agreement set forth in a separation agreement that provides for non-modifiable permanent maintenance, if a party to a judgment for legal separation files an action for dissolution of marriage, the issues of temporary and permanent maintenance shall be decided de novo.
(Source: P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2004–2024 · leading case: In Re Marriage of Chrobak, 811 N.E.2d 1248 (Ill. App. Ct. 2004).
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In Re Marriage of Chrobak, 811 N.E.2d 1248 (Ill. App. Ct. 2004). · cites it 2× “Subsequently, in Illinois, the petitioner petitioned for a legal separation (see 750 ILCS 5/402 (West 2002)). On November 5, 1997, the trial court granted the petitioner's petition for a legal separation and incorporated into that order the parties' settlement agreement.”
In Re Marriage of Best, 859 N.E.2d 173 (Ill. App. Ct. 2006). “Plainly, it includes separation by court order (as under section 402 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/402 (West 2004))). However, one might reasonably deem it to include separation that occurs according to the terms of a formal separation…”
In Re Marriage of Rogers, 817 N.E.2d 562 (Ill. App. Ct. 2004). “Sharon, then 55 years old, filed a counterpetition for legal separation (750 ILCS 5/402 (West 2002)). See 1 H. Gitlin, Gitlin on Divorce § 7 — 1 (3d ed.”
In re Colton, 591 B.R. 829 (Bankr. C.D. Ill. 2018). “See 750 ILCS 5/402(b). Accordingly, it is more probable than not that the Debtor continues to own a joint interest in all of the personal property still located in the house with the exception of Jeff's clothing and his personal items.”
In re Marriage of Bremer, 2024 IL App (3d) 230579-U (Ill. App. Ct. 2024). · cites it 3× “” 750 ILCS 5/402(c) (West 2018). Since Kathy, a party to a judgment for legal separation, filed an action for dissolution of marriage, i.”
In re Marriage of Melika, 2019 IL App (1st) 182192-U (Ill. App. Ct. 2019). “See 750 ILCS 5/402 (West 2018). She also filed a petition for maintenance, child support, and an allocation of parental responsibilities.”
In re Marriage of Rogers (Ill. App. Ct. 2004). “Sharon, then 55 years old, filed a counterpetition for legal separation (750 ILCS 5/402 (West 2002)). See 1 H. Gitlin, Gitlin on Divorce §7-1 (3d ed.”
In re Marriage of Chrobak (Ill. App. Ct. 2004). “Subsequently, in Illinois, the petitioner petitioned for a legal separation (see 750 ILCS 5/402 (West 2002)). On November 5, 1997, the trial court granted the petitioner's petition for a legal separation and incorporated into that order the parties' settlement agreement.”
In re: Marriage of Best (Ill. App. Ct. 2006). “" of Marriage Act (750 ILCS 5/402 (West 2004))). However, one might reasonably deem it to include separation that occurs according to the terms of a formal separation agreement.”
— 750 ILCS 5/402(b) — 1 case
In re Colton, 591 B.R. 829 (Bankr. C.D. Ill. 2018). “See 750 ILCS 5/402(b). Accordingly, it is more probable than not that the Debtor continues to own a joint interest in all of the personal property still located in the house with the exception of Jeff's clothing and his personal items.”
— 750 ILCS 5/402(c) — 1 case
In re Marriage of Bremer, 2024 IL App (3d) 230579-U (Ill. App. Ct. 2024). “” 750 ILCS 5/402(c) (West 2018). Since Kathy, a party to a judgment for legal separation, filed an action for dissolution of marriage, i.”
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