Legal Separation in Florida

Legal separation refers to a formal arrangement where a married couple lives apart but remains legally married. Many states recognize legal separation, allowing spouses to establish court-ordered agreements regarding issues like alimony, child custody, and property division without filing for divorce.

However, Florida doesn’t recognize legal separation in the same way other states do. This means that while couples can physically separate and establish informal agreements, they cannot obtain a legally recognized status of separation through Florida courts. 

To learn more about divorces and separation, consult with an experienced Florida divorce and family law attorney. 

Why Florida Doesn’t Recognize Legal Separation

Unlike some states, Florida family law doesn’t include statutes that create a formal legal separation status. The Florida legislature and courts have determined that marital rights and obligations continue until a divorce is finalized. Without an official legal separation, couples don’t receive the same legal protections that separated spouses might have in other states.

Alternatives to Legal Separation in Florida

Although Florida doesn’t formally recognize legal separation agreements, couples who wish to live apart without divorcing have several legal options to protect their financial interests, parental rights, and well-being. These alternatives allow spouses to clarify responsibilities and obligations while remaining legally married.

Postnuptial Agreements

A postnuptial agreement is a legally binding contract that spouses enter into after marriage. It can outline financial arrangements, asset division, and spousal support, providing structure for a separation without officially ending the marriage. Key benefits include:

• Clearly defines how assets and debts will be managed while living apart.
• Establishes financial independence while maintaining legal marriage status.
• Can specify spousal support (alimony) obligations during the separation.
• Protects individual property rights if the couple eventually decides to divorce.

Postnuptial agreements are particularly useful when spouses want to live separately but avoid court disputes over finances. However, both parties must voluntarily agree to the terms, and the contract must be fair, in writing, and signed without coercion to be enforceable under Florida law.

Petition for Support Unconnected with Divorce

Florida law provides a legal mechanism for spouses to seek financial assistance without filing for divorce and without the need to legally separate. Under Florida Statutes § 61.09, a spouse who’s separated can petition the court for spousal support (alimony) and/or child support even if there’s no pending divorce case.

Here’s how it works:

• A financially dependent spouse can file a petition requesting financial support from the higher-earning spouse.
• The court may order temporary or long-term spousal support, depending on financial need.
• If children are involved, the court can establish child support payments even though the couple remains married.
• The petition doesn’t divide marital assets or debts, but it can provide essential financial relief.

This legal option is particularly beneficial for spouses who are financially reliant on their partner but don’t wish to pursue a divorce due to personal, religious, or financial reasons.

Child Custody and Support Agreements

Parents who choose to live separately but remain legally married still need to determine custody, visitation, and financial support arrangements for their children. Florida law allows parents to create legally enforceable parenting plans under Florida Statutes § 61.13, even if they aren’t seeking a divorce.

Parenting plans can address:

• Legal custody (decision-making authority): Determines which parent will make important decisions regarding the child’s education, healthcare, and upbringing
• Physical custody (residential arrangements): Specifies where the child will live and how visitation schedules will be structured
• Child support obligations: Ensures that financial support is provided based on Florida’s child support guidelines
• Parental responsibilities and time-sharing schedules: Outlines how each parent will share time with the child

By formalizing these arrangements in court, separated parents can avoid confusion and disputes while ensuring that their child's best interests remain the priority.

Separate Maintenance Agreements

A separate maintenance agreement is a private contract between spouses that defines financial and property arrangements while they live apart. Though it doesn’t carry the same legal weight as a court-ordered separation (as in other states), it can still serve as a legally enforceable contract in Florida.

Common provisions in separate maintenance agreements include:

• Allocation of financial responsibilities (e.g., who pays the mortgage, car payments, and other shared expenses)
• Division of assets and debts acquired before and during the separation
• Spousal support arrangements, if applicable
• Rules regarding new relationships, cohabitation, or future reconciliation

Since Florida courts recognize contracts between spouses, a separate maintenance agreement can help avoid misunderstandings while ensuring both parties uphold their obligations. However, it must be carefully drafted to be legally enforceable and should be reviewed by an experienced family law attorney.

Legal Implications of Living Apart Without Divorce in Florida

Does Florida recognize legal separation? The answer is no. Therefore, living separate lives in Florida after marriage doesn’t necessarily provide the same legal protections as a formal divorce would.

Marital Property and Debt

Florida follows equitable distribution laws, which means that all assets and debts acquired during the marriage—even while living separately—are considered marital property unless otherwise agreed.

• If one spouse buys a house or takes on new debt during the separation, it could still be subject to division in a later divorce.
• Income earned by either spouse while separated is still technically marital property unless a postnuptial or separate maintenance agreement states otherwise.
• Spouses remain responsible for joint financial obligations, such as mortgages, car loans, or credit card debts, unless legally restructured.

Inheritance Rights

In Florida, a spouse remains the primary legal heir unless a valid estate plan specifies otherwise. This means that even if a couple is physically separated, one spouse could still inherit from the other spouse in the event of death.

• If one spouse dies without updating their will, trust, or beneficiary designations, the surviving spouse may still be entitled to their assets.
• Florida law provides a spousal elective share, granting a surviving spouse 30% of the deceased spouse’s estate, regardless of separation status.

To avoid unintended inheritance disputes, spouses who separate without divorcing should follow the legal process to update their estate plans accordingly.

Health Insurance and Benefits

Many couples choose to remain legally married to maintain health insurance coverage, Social Security benefits, or military spousal benefits. However, separating without divorce doesn’t always guarantee continued eligibility.

• Health Insurance: Some employer-sponsored health plans allow a legally married spouse to remain on the policy, even if the couple is living apart. However, if the employer requires proof of an active marital relationship, coverage may be lost.
• Social Security Benefits: A spouse may qualify for Social Security benefits based on their partner’s earnings record, provided they remain married for at least 10 years (in the case of future divorce).
• Military Benefits: Military spouses may still be entitled to certain benefits, such as TRICARE health insurance, unless a divorce is finalized.

New Relationships and Legal Consequences

Since Florida doesn’t recognize legal separation, engaging in a new relationship while still married can have unintended legal consequences.

• Impact on Alimony: If a spouse cohabitates with a new partner, it could affect their eligibility for spousal support (alimony) in a future divorce case.
• Adultery Considerations: While Florida is a no-fault divorce state, an extramarital relationship could still influence issues like alimony and property division, particularly if marital assets were used to support the affair.
• Child Custody Matters: If a separated spouse moves in with a new partner, the court may consider the new living arrangement’s impact on children when determining custody in a later divorce.

When Should You Consider Divorce Instead?

For couples who don’t wish to remain legally bound, divorce may be a more appropriate solution. Florida is a no-fault divorce state, meaning either spouse can file for divorce without proving wrongdoing. If a couple believes reconciliation is unlikely, formally dissolving the marriage may provide clearer financial, legal, and emotional closure.

How Our Florida Divorce and Family Law Attorneys at Veliz Katz Law Can Help

Comprehensive Divorce Representation

At Veliz Katz Law, our experienced Florida divorce attorneys represent clients through every stage of the divorce process, including property division, alimony, child custody, and support arrangements. We strive for fair settlements through negotiation, but we’re always prepared to litigate aggressively when necessary.

Assistance with Child Custody and Support 

We understand that child-related issues are among the most emotional aspects of family law. Our attorneys work diligently to create fair custody and visitation agreements that prioritize the child’s best interests while protecting parental rights. We also assist with child support calculations, modifications, and enforcement.

Prenuptial and Postnuptial Agreements

If you need to protect your assets before or during marriage, our firm can help draft legally sound prenuptial and postnuptial agreements. These contracts provide clarity on financial matters, asset protection, and spousal support in the event of separation or divorce.

Alternative Solutions to Divorce

For couples seeking legal separation alternatives, we provide assistance on postnuptial agreements, separate maintenance agreements, and petitions for financial support while remaining married.

Personalized and Results-Driven Advocacy

With decades of family law experience, our team at Veliz Katz Law provides personalized attention, strategic legal solutions, and strong advocacy. To schedule your free consultation with our Florida family law and divorce lawyers, call us at 407-634-1835 or contact us online.