Is there Legal Separation in Florida?

There are many cases in which legal separation can be more beneficial than divorce. While many states recognize legal separation, Florida does not. Whether you and your spouse simply need a cooling off period or want to protect your family structure, legal separation can be a very appealing option.

So, what steps should you take if you want a legal separation in Florida? First, you should contact Lisa Weber to discuss your options. While Florida doesn’t technically offer legal separation, there are many other legal options that can be used to obtain similar results.

 

What is the difference between divorce and legal separation?

When a couple decides to file for divorce, they are taking steps to terminate their marriage. Legal separation, on the other hand, allows a couple to live separately and protect their own assets while still remaining married and enjoying the many benefits that come from remaining married. Similar to a divorce, attorneys can help a couple negotiate child custody, alimony, and child support before a divorce case is filed.

 

Other benefits that legal separation offers include:

  • Protects religious and/or community reputation
  • Allows spouses to maintain current health insurance coverage
  • Gives couples a trial period of separation without the risks
  • Protects Social Security and pension benefits

If you believe that a separation may be better for you and your spouse than a divorce, be sure to contact our office today for advice.

Separation Agreements

While Florida does not allow for couples to legally separate, that does not mean couples cannot utilize alternative options. There are several types of legal agreements that can be created to provide the same benefits of a legal separation. These can help minimize stress and confusion while a couple lives apart.

You can use a separation agreement, which is not monitored or approved by the court, to create a legal contract between you and your spouse. A petition for support can also be used to obtain child support or alimony, if needed. Another document that can allow for division of property prior to a divorce is a post-nuptial agreement. One or all of these documents can be used to reach a “legal separation” between you and your spouse.