No one enters into a marriage with the expectation that it will end. However, people and circumstances change over time, and a once-thriving marriage may find itself in turmoil. When this occurs, often couples will decide to pursue separation before filing for divorce. Legal separation in Florida occurs when a married couple ends cohabitation and lives separately for a period of time. Under Florida divorce law, separation alone may not affect either spouse’s marital status or property rights. There is no statute defining legal separation in Florida.
While Florida doesn’t recognize legal separations, a couple that desires legal recognition of their actual separation without divorcing can utilize a number of Florida statutes. For example, Florida allows the court to order child support during separation. Furthermore, Florida will enforce a marital separation agreement and may even award alimony in some cases without separation.
The functions of divorce and marital separation confirmed by a court order are largely similar. Both establish financial support for the children, divide assets and debts, and grant alimony in some cases. Divorce terminates a marriage, whereas a couple remains married in a marital separation.
Florida family law provisions establish the basis for obtaining orders concerning marital separation, as well as the procedures to obtain legal separation.
If there are children involved and the parents are living apart, a spouse may file in a Florida court for a division of property, child custody, visitation, and child support.
Although the Florida courts have not made rules for separation, the courts can actively participate in the process.
Separated couples are not prohibited from maintaining any other proceedings for additional relief during the separation. Florida law allows couples to make legal agreements to formalize the terms of a separation.
In Florida, a couple may enter into the legally binding agreement on their own and follow its terms. Still, the agreement can provide the same result as a legal separation in other jurisdictions. In Florida, however, the court does not approve the agreement or resolve disagreements.
Separation agreements are intended to resolve property, debt, and child-related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this, or they decide to prepare their own.
The spouse who abandons the marital residence without filing for divorce can be ordered to pay child support and alimony. A “Petition for Support Disconnected with Dissolution of Marriage” enables one spouse to receive child support and alimony from a spouse that has moved out. The petition specifies that the request is not related to a Petition for Dissolution of Marriage.
The couple executes a post-nuptial agreement that includes the terms and conditions of the division and distribution of assets, debts, alimony, and other issues in the event of a divorce.
If a spouse sues for support, the court has the power to adjudicate the financial obligations of one spouse to the other spouse and the child. The Florida courts can establish the child’s primary residence. The court determines custody and visitation rights for the parties during the separation.
Florida permits a so-called ‘limited divorce’ that is similar to legal separation in other states. Grounds for a limited divorce are cruelty, desertion, and voluntary separation. The court establishes the primary residence of the children, which is the place where the children spend most of their time. The court decides the visitation rights of the noncustodial parent. Florida requires separated parents to list their income and resources and calculates a support amount paid monthly by the noncustodial parent to the custodial parent. If a divorce petition is eventually filed, the court takes up the issues of visitation, custody, and child support, as well as other agreements such as the division of property. If the couple does not proceed to a divorce, then they remain legally married.
Have more questions about marriage and divorce in Florida? We are here to answer all your questions. Just give us a call!
With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support. To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100
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Jason Brodie is what you want in an attorney: Ethical, classy, smart, and most of all he understands the law. He told me the truth, not what I wanted to hear, and gave me my options. He works with you to achieve your outcome. He did a masterful job for me! His firm is just as attentive, smart, and responsive, and gives you the support while you are getting battered by the despicable assaults from your ex and their counsel. It was a tough case, but he got it done ethically. It’s now over and I’m at peace. – Vincent B.
The best thing about Joshua Friedman was his compassion, knowledge and commitment. He was straight forward and told me what to expect each step of the way. He not only advised me on my initial separation, but continued to guide me until my divorce was finalized. He kept me informed with each new filing and discussed all of my options and risks. He was honest and answered each of my questions with thorough and thoughtful responses. His knowledge of the law was invaluable and I can’t thank him enough for his professionalism and dedication to my case. I would highly recommend him to anyone looking for a lawyer who will devote his all to his clients. – Jennifer
