Legal Separation In Florida: Understanding How it Works

There are many misconceptions about legal separation. Some people believe that it is a way to live separately from your spouse without getting a divorce. Others think that it is a process that allows you to keep your property and assets separate from your spouse. 

The truth is, legal separation in Florida is neither of those things.

In Florida, you cannot be legally separated from your spouse. The only way to separate from your spouse is a divorce. If you are thinking about getting a divorce, talking to an attorney about the process and what to expect is essential.

What Is Legal Separation?

Legal separation is a process that allows married couples to live separately from each other while still being married. It does not allow teams to keep their property and assets separate. In most cases, legal separation is used to buy time before getting a divorce.

Separation Agreement in Florida

A separation agreement is an agreement between two spouses that spells out the terms of the separation. The contract can include child custody, child support, spousal support, and division of property.

However, Florida State does not recognize legal separation. It means that a separation agreement in Florida between two spouses will not be legally binding. If you decide to get divorced, the separation agreement terms will most likely be included in your divorce decree.

Also, you cannot petition a legal separation in a court of law in Florida. There are several aspects to be separated before filing for a divorce in Florida. Here are a few of them:

You Are Still Legally Married to Your Spouse

If you separate from your spouse, you are still legally married to them. It means that you are still responsible for each other financially and legally. You are also still responsible for any debts or liabilities you may have together.

Moreover, you cannot remarry since you are still technically married. If you want to remarry, you will first need to divorce.

You Cannot Share in the Property or Assets of Your Spouse

You cannot share in their property or assets. It includes any property or support they may have acquired during the separation. If you want to share in their property or investments, you must file for a divorce.

You Cannot File for Child Support or Custody

You cannot file for child support or custody. The reason for this is that the court will assume that you are still married to your spouse. Moreover, the court may give custody of the children to your spouse if they are deemed a more fit parent.

To Sum It Up

As we have discussed, legal separation in Florida is not a process that allows couples to live separately while still being married. It is used to buy time before getting a divorce in most cases. If you are thinking about getting a divorce, it is essential to talk to an attorney about the process and what to expect.