Understanding Legal Separation in Florida

Florida is one of the few states in the country that does not recognize legal separation. That being said, you can enter into a separation agreement with your spouse, which essentially accomplishes the same thing as legal separation in other states. This is especially important if you’re sharing a residence with your former spouse.

If you and your spouse decide to separate but will be living under the same roof, at least for the time being, it’s important to know how separation works and how to protect your interests during your separation.

It’s also not a bad idea to reach out to an experienced Florida divorce lawyer early in the process to discuss your legal rights in detail and learn how to advocate for your interests.

Legal separation in Florida 

Florida does not recognize legal separation. It has no mechanism under the law for couples to legally separate. In states that do, couples can seek separation, arrange child custody decisions, visitation rights, and financial support orders without initiating a divorce. How can you accomplish this in Florida without the legal recognition of legal separation?

You can still seek the court’s assistance in Florida without starting the divorce process. However, this just can’t be accomplished through legal separation. Instead, there are several legal agreements that you can enter into to formalize the terms of your separation. These include:

• Separation agreement – Florida may not have a specific process for separation in place like other states, but you can still enter into a separation agreement with the other party that outlines the terms of your separation. The agreement can address things such as spousal support, child support, property division, and child custody.

• Petition for support – One party can also file a petition for support that’s not connected with a divorce proceeding. The petition for support allows one party to ask the court to award child or spousal support (alimony) from the other spouse. This petition is usually filed when parties are living separately or seeking a dissolution of marriage. Nonetheless, you can petition the court for support at any time, including when you are still living together.

• Postnuptial agreements – Postnuptial agreements are similar to prenuptial agreements, but they are signed after the couple is married. The postnuptial agreement can set out the terms of asset distribution, debts, property, alimony, and more. Nonetheless, they cannot be used to enter into agreements regarding custody or child support, making them the worst option for separating couples.

Talk to a Largo, FL Divorce Lawyer Today 

Cairns Law, P.A. represents the interests of couples who want to enter into a separation agreement without initiating a divorce. Call our Largo family lawyers today to schedule an appointment, and we can begin discussing the provisions of your agreement right away.