What is In-Home Separation and How Does it Work in Florida?

Legal separation is a concept in family law that refers to a situation where a couple is not formally divorced, but no longer wants to live as a married couple, at least for some time. Some states allow for legal separation. Florida is one of the few states that do not recognize legal separation. While the law doesn’t have any specific mechanism for legal separation, there are other ways you can accomplish the same thing. In this article, the Largo, FL divorce lawyers at Cairns Law, P.A. will discuss the concept of legal separation and how it works in Florida.

Legal separation in Florida 

Again, Florida has no legal mechanism for handling separation under the law. In those states that do recognize legal separation, couples are allowed to handle issues such as child custody, alimony, child support, and more under an agreement that looks very similar to a divorce decree. In Florida, you can still seek court assistance for these issues. There are several legal agreements that you can enter into that mimic what legal separation accomplishes in other states. These include:

• Separation agreement – While Florida has no separation procedure like other states, you can still enter into a separation agreement with the other party. This agreement would outline the terms of your separation. The agreement can address things such as spousal support (alimony), child support, property division, and child custody.

• Petition for support – One party may also file a petition for support that’s not connected to a divorce proceeding. This enables one party to ask the court to award child or spousal support from the other spouse. While this petition is usually filed when the parties are living separately or seeking a divorce, you are allowed to petition the court for support, even if you are still living with (but separated) from your spouse.

• Postnuptial agreements – A postnuptial agreement is entered into while the couple is married. It functions much the same way as a premarital agreement. In a post-nuptial agreement, the couple can set terms regarding the division of assets, the division of debts, and alimony.

In-home separation in Florida 

Couples don’t necessarily have to “live apart” to be considered legally separated. They can share the same house, but pursue different lives. This allows the couple to create some distance between each other and leave the door open to reconciliation.

While you may be inclined to do nothing until the divorce is finalized, separation allows you the opportunity to sort out your emotions when it comes to your divorce. Even if you are still living together, you can enter into a separation agreement under Florida law.

Talk to a Largo, Florida Divorce Lawyer Today 

Cairns Law, P.A. represents the interests of Florida residents who are considering divorce. We can help you draft separation agreements, petitions for support, or postnuptial agreements for your legal separation. Call our Largo family lawyers today to learn more.