Legal separation and de facto separation: what are the differences?

Verified 20 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

The body separation is a procedure provided for by law. It concerns only the married couples. She allows spouses to stay married while being allowed to no longer live together. The conjugal bond is not broken.

The de facto separation does not exist in the act. This is a situation in which the spouses choose not to live together. All obligations related to marriage are maintained. The duty of cohabitation and the duty of relief still exist, even if the spouses have chosen to live separately.

Tableau - Differences between a legal separation and a de facto separation
Situations	Body Separation	De facto separation
Legal value	Yes	No
Need for a procedure	Yes	No, it's a decision made by the spouses in common or by a single spouse.
Need for a lawyer	Yes	No, because no procedure is necessary.
Duty of cohabitation	No	Yes, it's an obligation of marriage.
Duty of fidelity	Yes	Yes, it's an obligation of marriage.
Duty of relief	Yes	Yes, it's an obligation of marriage.
Separation of property	Yes	No, unless the spouses have a marriage contract of separation of property.
Contribution to the costs of marriage	No	Yes
Maintenance for a child	Possible. It may be fixed in an agreement or in a judgment.	Possible. It may be fixed in an agreement or in a judgment.
Heir of the husband	Yes, unless otherwise specified in the legal separation agreement by mutual consent	Yes
Use of the name of spouse	Yes, unless otherwise specified in the legal separation agreement by mutual consent or in a judgment	Yes
Possibility of resuming the common life	Yes	Yes
Joint tax return	No	Possible

On the same subject

Divorce and legal separation: what are the differences?

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