Racemic malic acid (I) was resolved by R-α-phenylethylamine(II). The S-(−)-I.R-(+)-II diastereoisomer was in excess in the precipitated salt. DSC curves and X-ray powder diffractograms proved that the diastereoisomeric salt mixture precipitated during the resolution was isomorphous with the optically pure S-(−)-I.R-(+)-II salt. The diastereoisomeric salt mixture containing the R-(−)-I.R-(+)-II salt in abundance bound crystal solvate (water or methanol) when produced by the total evaporation of the mother liquor, while the optically pure R-(−)-I.R-(+)-II salt crystallized without solvate. It is generally assumed that solid solution formation takes place when the two diastereoisomers are alike and the high similarity results in less efficient enantiomer separation.