Have you found yourself at a turning point in your marriage, unsure whether to divorce or explore other options? Many couples opt for a legal separation instead of a divorce. A legal separation allows couples to live apart while still enjoying the benefits of marriage. Florida does not have an official legal separation process. However, couples can take informal steps to separate from their spouse without divorcing.
What is Legal Separation and How Does It Differ from Divorce?
Legal separation means a married couple lives separately, but they are still married legally. Some couples prefer legal separation when they don’t know if they want to divorce, but they want to set clear boundaries about their finances, assets, children, and other matters. Legal separation helps them avoid some of the troubles of divorce.
The main difference between separation and divorce in Florida is that with separation, both partners live apart but remain legally married. In contrast, a divorce legally ends the marriage. Some of the differences are as follows:
Separation
- Both parties live separately.
- The marriage is still legal.
- Couples can continue to receive benefits (such as health insurance, military benefits, and social security benefits).
- Couples may need to continue to file taxes jointly.
- Child support and alimony orders may be in place.
Divorce
- The marriage has legally ended.
- Shared benefits are often (in most cases) canceled.
- Each party divides its debts and assets equally.
- Child Support and alimony orders may be in place.
- The tax status for both parties changes.
Does Florida have Legal Separation?
There is no formal process for Legal Separation. Florida is one of just six states in the country that does not recognize legal separation.
This does not mean that you and your spouse cannot reach a court-approved proximate arrangement that provides a legally binding structure for you and your spouse to live separate lives while staying legally married. In Florida, these are some of the options:
- Petition for support:
Statutes 61.09 and 61.10 of Chapter 61 of the Florida Statutes, which govern the dissolution of marriage, support, and parenting time sharing, allow the court to issue and enforce the following outside of divorce proceedings:
- Child support
- Parental time
- Alimony
These laws let a spouse or parent ask for child support even if they don’t want to divorce. These laws also let a married spouse who needs support and a single parent get a child and/or spousal support from the court, as well as a parenting plan.
- Postnuptial agreement:
Even though Florida does not have a mechanism for courts to acknowledge legal separation, it does recognize postnuptial agreements. As a result, postnuptial agreements can be used to de facto establish a legal separation.
A postnuptial agreement is a legally enforceable agreement between spouses that is entered into after the marriage begins and can specify how your finances will be handled in the case of separation, divorce, or death.
Why Do Some People Choose to Separate but Remain Married in Florida?
Legal separation in Florida can bring several significant advantages to couples who are considering splitting up. Among the many advantages are:
- Clarification of Financial Status: A Legal Separation can help to clarify each spouse’s financial situation, which can be useful when it comes time to distribute assets and debts.
- Children’s Protection: Legal separation can serve to safeguard children from the stress and tension that typically accompany divorce. It may also aid in the establishment of distinct boundaries between the two families.
- Health and Social Security Benefits: You can continue to get health insurance and Social Security benefits through your spouse.
- Tax Benefits: You can still file taxes jointly and benefit from couples’ tax benefits if you file your taxes appropriately.
- Inheritance: If your spouse dies, you can still inherit from him or her.
Some couples decide to separate but stay married for their children, while others hope to get back together after separation. They can live together again without any legal hassle if they divorce and then reconcile. Legal Separation also helps people who can’t divorce because of their religion or culture.
Problems Can Arise When a Couple Chooses to Live Separately While Married.
If you and your spouse live apart for a long time, it can make your divorce harder when you want to end your marriage legally. For example, if a woman has a baby with another man while she is still married, her husband is still the legal father of the baby. To figure out who the real father is, they have to go to court and do a paternity test. Couples who live apart can also date other people while they are still married.
Cheating does not matter much in Florida when you file for divorce, because you don’t need a reason to divorce. However, dating while separated can sometimes cause problems for your divorce. Starting a new life is one of the best reasons to divorce. Staying in a marriage that you don’t want is not good, and it will only get worse over time. Until you divorce your first spouse, you can’t marry someone else. Divorce lets you end one chapter and start the next.
Does Legal Separation Affect a Child’s Custody in Florida?
The court cares about what is best for the child. The court will look at your written agreement to see if the custody arrangement should stay the same, but the judge will also think about other factors before choosing a good custody and time-sharing plan for your family. For instance, the court may not think you are the main parent of the children if you moved out of the family home without custody and did not help your children during the separation.
Get Legal Help from a Florida Legal Separation Attorney
Ending a marriage is an extremely emotional affair. Whether you are pursuing a divorce, legal separation, or annulment, you should not undertake it on your own. Having an experienced Florida Legal Separation attorney on your side will not only help to guarantee that everything runs well but will also give you honest guidance that will assist you in avoiding typical mistakes.
Contact our Florida Legal Separation Attorney to discuss your options and choose which is best for you.
