What is Legal Separation and How Can It Benefit You?

Many couples separate when living together is no longer possible. This may involve one spouse moving out of the family home, both partners relocating, or even living under the same roof but leading separate lives due to financial constraints. However, many married people wonder if they are legally separated or if it is legal to separate without a court order. 

What Is a Legal Separation?

Any married couple can live apart and consider themselves separated, with independent lives. They do not need to go to a courthouse and file legal separation papers, though that is an option in some states. Florida does not have a legal filing for legal separation like the state does for divorce. 

In Florida, a separation is when a married couple lives in separate residences, pays separate expenses, and maintains separate bank and other financial accounts. However, each case is decided on its unique circumstances. One legal obligation remains, however, and that is the duty to support children and spouses. 

How Does a Separation Affect Child Support and Alimony?

Florida law mandates that parents support their children and spouses. When parties do not agree on child and spousal support, a court may order both or either. Separated couples can seek child custody, child support, and alimony by filing the appropriate paperwork with the court. 

Florida law authorizes separated couples to petition the court for alimony and child support without first filing for divorce. Primarily, the laws protect children by considering their best interests, so a separation agreement with child support and custody provisions is subject to modification as children’s best interests change.

Why Choose a Separation?

Just as many reasons exist to marry, including financial security, cultural expectations, starting a family, intimacy, security, and a host of others, many reasons exist to separate. People may not get along long-term. They may grow apart, get ill, lack intimacy, or deal with infidelity, among other reasons. 

Often, the circumstances dictate how the separation goes. For example, a couple may go through a rough patch and separate to create distance to work things out. Some couples separate more than once during a marriage. Some use separation as a test run for or in anticipation of a divorce. In that way, they can work out the important details before a divorce, establishing child custody, support, and alimony, including using the time to negotiate the division of property and debt.

Other couples separate to maintain independent lives while enjoying the benefits of marriage, like healthcare, insurance, and lower income tax rates. Maybe one person has severe health problems and needs to stay on the other spouse’s insurance, or the parties cannot afford to pay rent and expenses of two households and still support children, so they stay married. 

Other reasons include religious concerns and marital status benefits. Some religions frown on divorce, so a couple may separate to avoid uncomfortable positions with their religious community. Additionally, military spouses may separate to maintain or gain military benefits, which kick in after ten years of marriage, or to increase social security benefits after the ten-year mark. Also, the length of the marriage is a consideration when awarding alimony: the longer the marriage, the longer the supported spouse receives support, in most cases.

Finally, spouses unsure if divorce is the right solution can take the time they need to figure out their next steps. In the meantime, they can do all they did as married people except get remarried. 

How Do I Legally Separate from My Spouse?

A separation in Florida means the parties live apart. Though they are still married, enjoy marital benefits (military, health, social security, etc.), file joint taxes, and financially support the family, they are separated and still legally married. A divorce ends the joint benefits and taxes, leaving the support of children and economically dependent spouses. 

So, though separation has its benefits, it is not a legally recognized option to protect the parties against wasting assets or other misconduct. One solution is the postnuptial agreement. Separated couples may decide how they separate their assets and debts in a future divorce. So long as the agreement is written and signed by both spouses, who attest that they have fully disclosed all assets, liabilities, and income, the agreement is valid. The agreement should cover all that would be covered in a divorce, such as child custody, support, alimony, and property division. 

Considerations for your postnuptial agreement include the disposition of the family residence, the children’s primary residence, visitation schedule, child support amount, alimony amount and payor, property division, and the consequences of the agreement. In the event of a breach of the agreement, the aggrieved party may sue the other for breach of contract in superior court. 

Contact Our Orlando Family Law Attorneys

Though you know the basics about legal separation in Florida, you may still have questions. Call McMichen, Cinami & Demps today to schedule a free consultation. With over 50 years of combined experience and a Board Certified Marital and Family Law member on the team, our divorce and family law firm can give you sound advice.

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