In some states, couples who want to live apart but aren’t ready for a divorce can pursue legal separation. This allows them to maintain their legal marital status while sorting out the details of their finances and living arrangements.
However, when it comes to Florida separation laws, it’s important to understand that the Sunshine State doesn’t recognize legal separation. Florida’s approach is different from states that offer a formal legal separation process, which means couples in Florida need to consider alternative approaches if they wish to live apart without divorcing.
This article explores those alternatives and legal considerations for couples separating in Florida, offering guidance on navigating this unique situation.
What Legal Separation Means (and Doesn’t Mean) in Florida
Legal separation, as it’s understood in many states, is a court-recognized arrangement where a married couple lives apart but remains legally married. It’s sort of a hybrid between marriage and divorce, often addressing issues like property division, spousal support, and child custody, much like a divorce would.
However, Florida law doesn’t provide for legal separation. It simply doesn’t exist here.
In Florida, you’re either married or divorced (what Florida calls “dissolution of marriage”). There’s no in-between. If you and your spouse live apart, you’re still legally married unless and until you pursue a divorce.
So, what do you do if you want some of the same outcomes as a legal separation without actually getting divorced? You’ll need to pursue alternative methods to achieve similar results, which we’ll discuss in the next section.
Alternatives to Legal Separation in Florida
Since Florida doesn’t offer legal separation, what are your options if you and your spouse want to live apart but aren’t ready for divorce? Luckily, there are a few paths you can take.
Informal Separation Agreements
An informal separation agreement is just that: an agreement you and your spouse make yourselves, without involving the court. You and your spouse can work out details about living arrangements, how you’ll handle your finances, and how you’ll co-parent your children during this time apart.
The downside to these agreements is that they aren’t legally binding. If you or your spouse doesn’t follow the agreement, it’s difficult to enforce in court, especially when it comes to child custody arrangements.
Postnuptial Agreements
A postnuptial agreement is a contract you and your spouse enter into after you’re married. It spells out your rights and responsibilities while you’re married, in the event of a separation or divorce, or when one of you dies. Postnuptial agreements can outline how you’ll divide your assets and debts, how much spousal support (alimony) will be paid, and other financial considerations.
A postnuptial agreement can work as a substitute for legal separation because it gives you a legally binding framework for managing your finances and property while you’re living apart.
For a postnuptial agreement to be enforceable, both you and your spouse have to fully disclose all of your assets and debts. The agreement also has to be fair and reasonable to both parties.
Petitions for Support
You can petition the court for alimony or child support even if you’re not seeking a divorce. This allows a judge to order financial support while you and your spouse are separated.
Key considerations during separation: Finances, children, and more
Separation can be a confusing time, especially when it comes to finances and children. Here’s what you should keep in mind during a Florida separation:
Financial implications
It’s important to discuss how your assets and debts will be divided if you separate. A postnuptial agreement could dictate how these things will be handled. Even without a formal divorce filing, Florida courts can order alimony, or spousal support, during a separation.
Whatever you decide, it’s important to be crystal clear about your finances and put your agreements in writing. Doing so can reduce conflict and protect each spouse’s interests.
Child custody and support
You and your spouse can draft a parenting plan to outline how you’ll share custody of your children during the separation. However, it’s important to know that this plan isn’t officially court-ordered at this stage. A Florida court can order child support during the separation to ensure your child’s needs are met.
Keep in mind that any custody arrangements you make in a separation agreement aren’t legally binding in Florida.
Potential complications
Several factors can complicate a separation:
- Out-of-state moves: Moving out of Florida could affect which state has jurisdiction over your separation and any related custody arrangements.
- Pregnancy: If a spouse becomes pregnant during the separation, there are legal implications that need to be addressed.
- Dating: Dating during separation can impact divorce proceedings if you and your spouse later decide to divorce.
Separation vs. divorce: Weighing the pros and cons
Deciding whether to separate or divorce is a big decision, and each option has its own set of advantages and disadvantages.
Maintaining benefits
One reason some couples choose separation over divorce is to maintain certain benefits. Remaining legally married may allow you to stay on your spouse’s health insurance policy, which can be a significant advantage if you have pre-existing conditions or if obtaining individual coverage is cost-prohibitive.
Separation may also allow you to continue receiving Social Security benefits based on your spouse’s earnings record, and some tax advantages may be available to married couples that aren’t available to those who are divorced.
Religious or personal beliefs
For some, religious or personal beliefs may make divorce a less desirable option. Separation may be seen as a way to honor those beliefs while still addressing issues within the marriage.
Potential for reconciliation
Separation can provide a cooling-off period and an opportunity for both partners to reflect on the relationship and work towards reconciliation. It allows for a trial period to see if the marriage can be saved.
Legal status
The key difference between separation and divorce is that with separation, you remain legally married. Divorce legally ends the marriage, and both parties are free to remarry.
Why You Should Talk to a Florida Family Law Attorney
Separation involves a lot of complicated legal issues, so it’s always a good idea to speak with an attorney.
A Florida family law attorney can help you understand your options and explain the law as it applies to your situation. For example, they can help you with postnuptial agreements, which outline how property will be divided if you divorce. They can also help you file a petition for support if you need financial assistance from your spouse during the separation period.
An attorney can also make sure that any legal agreements you make are valid and enforceable, and they’ll work to protect your rights and interests. Finally, if you have children, an attorney can advise you on child custody and support matters.
Ultimately, seeking legal counsel is a smart move when navigating a separation in Florida.
Wrapping Up
Just to reiterate, Florida doesn’t recognize legal separation. So, if you and your spouse are living apart, you won’t be able to get a court order declaring you legally separated. However, you do have other options, like creating a postnuptial agreement or filing a petition for support.
Because navigating these issues can be tricky, it’s crucial to seek advice from a qualified Florida family law attorney. A lawyer can explain your rights and help you make informed decisions about your future.
When you’re facing a separation, you need to protect yourself and your interests. That means getting the legal guidance you need to make the best decisions for your unique situation.