How Does In-Home Separation Work in Florida? 

If you and your spouse have decided to separate in Florida but will be living under the same roof, at least for now, it’s important to understand how separation works and how to protect your interests. 

Florida is one of the few states that does not recognize legal separation. While the law does not have a specific legal separation mechanism, there are other ways to legally separate some of your interests from your spouse’s. This is especially important if you are still sharing a residence and property with your spouse.

It’s also a good idea to reach out to an experienced Florida divorce attorney early in this process to discuss your legal rights in more detail and learn how to protect your interests. 

Legal Separation in Florida

Again, Florida does not recognize legal separation. In states that do, couples are able to seek separation, child custody decisions, visitation rights, or financial support in court without initiating a divorce. 

You can still seek court assistance in these areas in Florida without commencing a divorce, just not through the process of a legal separation. Instead, there are several legal agreements you can enter to formalize the separation terms you and your spouse have agreed to.

Separation Agreement

While Florida does not have a specific separation process like many states, you can still enter into a separation agreement with the other party outlining the terms of your separation. This can address things such as spousal support, child support, property division, and child custody.

Petition for Support

A party can also file a petition for support that’s not connected with a divorce proceeding. This allows one party to ask the court to award child support or spousal support (sometimes called alimony) from the other spouse. While this is usually filed when parties are living separately or also seeking a dissolution of marriage, you are able to petition the court for support if you are still living with, but separated from, your spouse. 

Postnuptial Agreements

A postnuptial agreement is entered into after a couple is married and can set out terms regarding the division or distribution of assets, debts, property, and alimony. However, these are not the best option when a couple is separating, as they are much less likely to be enforced than prenuptial agreements, which were entered before the couple was married. 

In-Home Separation in Florida

There are many reasons why couples choose to separate instead of getting divorced or why they decide to continue living together when separated. They may wish to try being separated but leave the door open to reconciliation, or they may have financial or legal reasons for remaining married. 

In Florida, you do not need to establish that you’ve been separated from your spouse for a period of time prior to filing for divorce. Instead, you must only assert that the marriage is irretrievably broken.

Accordingly, the same concerns around proving a separation while still living together will not apply. 

Nonetheless, because you may be asking for child support or spousal support as a condition of the separation, it’s important to keep some things in mind:

  • Keep track of your expenses and, where possible, keep them separate. If not, keep a record of how much each person is contributing to household expenses. 
  • Avoid purchasing new property together.
  • Keep track of how childcare responsibilities are divided and communicated.

A knowledgeable divorce attorney can give you additional advice about recommended steps to take when living together while separated. 

An Experienced Orlando Divorce Attorney Can Help You Navigate In-Home Separation

If you and your spouse live in Orlando, FL, and are considering separating while living in the same home, an experienced divorce attorney can discuss your legal rights and the risks of this arrangement.

Contact Our Divorce Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803