Can I get a Legal Separation in Florida?

While many states allow couples to legally separate, Florida is not one of them. However, there are a few ways you can obtain a similar result by creating other legal agreements.

If you are wondering why a couple would choose to live separately but remain married, below are few of the reasons:

• Insurance. If one spouse provides all of the health insurance coverage for the family through his or her employment, it may be financially necessary to remain married.
• Religion. If the couple’s religion objects to divorce, living separately provides a means for circumventing such concerns.
• Benefits. Some couples want to postpone divorce until they have been married long enough to qualify for pension benefits or certain Social Security benefits.
• Trial separation. If a couple simply wants to take time apart to see if they can work things out but they also want certain legal protections, a legal separation allows them to do this.

Since Florida does not allow legal separations, we can help you find creative solutions for formalizing your separation from your spouse. Below are a few options to consider:

• Separation agreements. In some Florida cases, a separation agreement may allow a couple to achieve the same goals as a legal separation in other states. The primary difference is that a judge does not approve the contract or resolve any disputes that arise. You and your spouse must negotiate and enter into the legally binding agreement on your own.
• Post-nuptial agreement. You and your spouse can enter into a legally binding contract that sets forth how property, debts, spousal support and other issues will be handled in the event a divorce occurs in the future.
• Petition for support. A “Petition for Support Disconnected with Dissolution of Marriage” allows a spouse to receive child support and spousal support from the spouse that has moved out of the marital residence without filing a formal divorce action.

If you are interested in learning more about separating from your spouse without obtaining a divorce, call us to schedule a consultation. The Men’s Divorce Law Firm is located in Orlando, Florida, but we proudly serve husbands and fathers across the State. The firm also serves men out of state with child custody interests in Florida.