Legal separation is a court-sanctioned arrangement allowing a married couple to live apart while remaining legally married, addressing matters like property division, financial support, and child custody. Couples might pursue this path for religious reasons or to maintain health insurance coverage for a spouse.
Florida’s Stance on Legal Separation
Florida law does not offer a formal, court-ordered status of “legal separation.” Unlike in some other states, a couple in Florida is either married or divorced, with no legally recognized intermediate status.
While you cannot be declared legally separated, you can live apart without court involvement. Florida law does provide legal tools that allow spouses to resolve issues like financial support and child-related matters, creating a structured separation without a formal decree.
Separation Agreements as an Alternative
A primary alternative is a separation agreement, which is a type of postnuptial contract. This private agreement allows a couple to define the terms of their separation and how their affairs will be handled while living apart. These agreements are highly customizable and can cover:
- Management and division of assets and debts
- Terms for spousal support (alimony)
- Who will remain in the marital home
- Parental responsibility and a time-sharing schedule
- The amount of child support
The agreement is created through negotiation, either directly, through attorneys, or with a mediator. To be valid, it must be in writing, signed by both parties, and based on full financial disclosure. While not court-approved when made, its terms can be incorporated into a final divorce decree.
Petition for Support Unconnected with Dissolution of Marriage
Florida law allows spouses living apart to seek financial support without filing for divorce through a “Petition for Support Unconnected with Dissolution of Marriage,” authorized under Chapter 61 of the Florida Statutes.1The Florida Senate. Chapter 61 Section 09 – 2018 Florida Statutes This action is for a spouse who needs financial maintenance from a spouse who has the ability to provide it.
A court can order alimony, child support, and establish a parenting plan with a time-sharing schedule.2Justia Law. Florida Statutes § 61.08 (2024) – Alimony.3The Florida Senate. Chapter 61 Section 13 – 2021 Florida Statutes The court may also grant temporary use of the marital home or assign bill payments, but this action does not divide marital property or debts.
To prepare, the petitioner must complete several forms. These include the Petition for Support, a Family Law Financial Affidavit, and if children are involved, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit.
Filing a Petition for Support in Florida
Once the required documents are completed and notarized, they must be filed with the clerk of the circuit court in the petitioner’s county of residence. This action opens a court case and requires a filing fee of around $300, though a fee waiver may be available.4The Florida Senate. Chapter 57 Section 082 – 2024 Florida Statutes
After filing, the other spouse must be officially notified through service of process.5Florida Rules of Civil Procedure. Rule 1.070 Process This involves a sheriff’s deputy or private process server personally delivering a copy of the petition and a summons. The served spouse then has 20 days to file a formal response with the court.6Florida Rules of Civil Procedure. Rule 12.140. Defenses
The case may proceed to a temporary hearing for immediate needs or mediation before a final hearing is set. Any resulting court orders are legally binding.
Key Considerations During Separation in Florida
Separating in Florida has several practical and legal consequences to consider. These include:
- Health insurance: Some employer-sponsored plans may not continue to cover a spouse who is living separately.
- Tax filing status: Your options may include “married filing jointly,” “married filing separately,” or “head of household.”7Internal Revenue Service. Publication 504 (2024), Divorced or Separated Individuals
- Joint finances: Both spouses may remain liable for debts on joint bank accounts and credit cards incurred during the separation.
- Estate planning: Wills, trusts, and powers of attorney may need to be updated to reflect the change in circumstances.
Any agreements or court orders made during the separation for support or time-sharing can influence a future divorce proceeding.