Signs You and Your Spouse May Be Good Candidates for a Trial Separation

 Posted on June 10, 2026 in Divorce

Divorce and legal separation are both official legal processes. They have specific terms and conditions and are backed by court orders. A trial separation, however, is much less formal. There is no court order dictating the terms of a trial separation.  

"Trial separation" isn’t an official legal term, but it conveys the idea of an intentional, thought-out break. For couples who are struggling but unsure if they should officially separate or divorce, this can be a good way to get some distance and evaluate the situation. A St. Charles, IL divorce lawyer can advise you during this period about what your options are going forward.

How Is a Trial Separation Different From a Legal Separation in Illinois?

A trial separation (or simply "separation") comes with no paperwork. You live apart with no court involvement. A legal separation is a formal court status under 750 ILCS 5/402. You remain married, but a judge can enter orders for spousal support and child-related matters while you live apart.

Although the court can enter some orders in a legal separation, it can't legally divide your property unless both spouses agree. For property to be divisible during separation, the couple must include a property settlement in their separation order and ask the court to approve it.

When Might an Informal Separation Be Beneficial for a Couple?

A trial separation may be a good option for couples who want to make a decision about the next step in their relationship, but need some time and space from each other before they do. Any of the following situations may indicate that an informal separation would be beneficial:

• You fight constantly but are unsure what the real source of the conflict is.
• You both still want the marriage to work, but struggle to make progress while living together.
• You're considering divorce but aren't ready to commit to something permanent.
• You want to see how finances, parenting, and daily life would work in practice if you lived apart.

Couples will get the most out of a separation if they set and are willing to follow some ground rules.

What Issues Should You Decide on Before Informally Separating from Your Spouse in Illinois?

An informal separation may help your relationship, but without certain guidelines, it could make it significantly worse. Before separating, you should have a clear understanding of how you’ll handle issues such as:

• Who stays in the home and who moves out (at least temporarily)
• How you'll split bills, the mortgage or rent, and other shared expenses
• What parenting schedule you will follow if you have children
• How long the separation will last before you check in and reassess
• Whether you'll attend counseling, individually or together

Putting these terms in writing is better than a verbal agreement. Written terms will keep both spouses from misremembering or trying to alter them later.

This kind of communication will help you during your separation and lay the groundwork for whatever comes next. If things progress to legal separation or divorce, you will already have some idea of what does and doesn’t work in matters like parenting. You will also have practice communicating with your spouse about potentially sensitive issues.

Does a Trial Separation from Your Spouse Come with Any Risks?

There are risks to bear in mind with a trial separation. If you or your spouse are unwilling to have conversations about what your next steps are, your "temporary" separation can drag on indefinitely.

This can lead to problems. An unofficial separation has none of the ground rules that come with an official court order. Even if spouses initially agreed about issues like finances or housing arrangements, one spouse may begin to deviate from the agreed-upon terms. If they do, the other spouse has no legal power to enforce the agreement. If your spouse runs up debt, drains an account, or stops contributing financially during the time apart, you don't have a court order to fall back on as you would in a legal separation.

If you’re worried that your separation is beginning to be permanent when it was meant to be temporary, speak to a lawyer. They can help you with an actual legal separation agreement if necessary. This will outline specific, enforceable terms for both you and your spouse.

Call a Kane County, IL Family Lawyer Today

A trial separation may be a valuable tool in deciding whether or not your relationship can continue in 2026. Having the help of experienced family law attorneys can also give you further clarity on your situation.

At our firm, we focus on resolving family matters through mediation rather than courtroom litigation whenever possible. Our main attorney is a trained mediator and has significant experience in family law matters. How, if needed, our St. Charles, IL family law attorneys are prepared to litigate aggressively.

Call Shaw Sanders, P.C. at 630-584-5550 today for a free consultation about your case.