Separation happens when married spouses decide to live apart or otherwise end their life together without immediately getting divorced. Some couples separate because they need time to decide whether divorce is right for them. Others know the marriage is ending but are not ready to file for divorce.
Separation can raise important questions about children, money, property, and support. The rules also depend on where you live. Florida, for example, does not have a standard court process that gives spouses a formal legal status of “legally separated.” However, spouses can live apart and may have legal options for addressing certain family and financial issues without ending their marriage.
What Is the Difference Between Separation and Divorce?
The main difference is that separation does not end a marriage. Even when spouses live in different homes and manage separate finances, they remain legally married unless a court enters a final judgment of dissolution of marriage.
Divorce legally ends the marriage. Once a divorce is final, the former spouses may remarry and are generally subject to the terms of the final judgment concerning property, support, and parenting matters.
Separated spouses may eventually reconcile, remain separated, or choose to divorce. Because separation alone does not resolve every legal issue between spouses, it is important to understand what living apart does and does not accomplish.
Does Florida Recognize Legal Separation?
Florida does not have a standard legal separation process like some states. In other words, a Florida court does not normally enter a judgment changing a couple’s marital status from married to “legally separated.”
That does not mean spouses must continue living together. A married couple can choose to live apart without filing for divorce. Florida law also provides ways to address certain family and financial matters while spouses remain married.
The best option depends on the family’s circumstances and what issues need to be resolved.
Why Do Some Married Couples Choose to Separate?
People separate for many reasons. Some want time and space before making a final decision about their marriage. Others may have financial, family, personal, or practical reasons for remaining married.
Reasons spouses may consider separation include:
- Taking time to consider reconciliation
- Avoiding an immediate divorce
- Creating separate living arrangements
- Addressing conflict within the household
- Considering the financial effects of divorce
- Making plans for children
- Preparing for a possible divorce
Whatever the reason, spouses should understand that simply moving apart does not automatically create court orders or settle their financial and parenting rights.
Can You Get Support Without Filing for Divorce in Florida?
In some situations, yes. Florida Statute § 61.09 allows a spouse who is not receiving support to seek alimony and child support without filing for dissolution when the other spouse has the ability to contribute but fails to do so.
Florida Statute § 61.10 also addresses situations in which spouses live apart. Subject to the statute’s requirements, a court may determine financial obligations to a spouse and minor child and establish a parenting plan without dissolving the marriage.
These proceedings are different from a traditional legal separation. The spouses remain married even though a court may enter orders addressing specific family issues.
Should We Create a Separation Agreement?
Some spouses choose to put agreements about their separation in writing. Depending on the situation, an agreement may address financial responsibilities, property, debts, living expenses, or other issues.
A written agreement can help clarify what each spouse expects while they live apart. However, an informal agreement may not resolve every issue or have the same effect as a court order.
Before signing an agreement, each spouse should understand how its terms could affect future rights. This is especially important when substantial property, retirement accounts, support, or other financial matters are involved.
Legal advice can help a spouse understand whether an agreement is appropriate and what other options may be available.
Can Separation Lead to Divorce?
Yes. Some couples eventually decide to divorce after spending time apart. Florida does not generally require spouses to separate for a certain amount of time before filing for divorce.
To obtain a Florida divorce, one spouse must have lived in the state for at least six months before filing. A spouse may seek a divorce when the marriage is irretrievably broken.
Living apart can give spouses time to consider their future, but separation itself does not end the marriage. A final judgment of dissolution is required to legally end it.
Contact Our Orlando Divorce Attorneys for a Case Evaluation Today
Separation can create questions about support, children, property, and whether divorce should be the next step. Understanding your rights can help you make informed decisions before taking action.
The Orlando divorce lawyers at Law Office Of Paulette Hamilton Divorce Lawyers can review your circumstances, explain how Florida law may apply, and discuss your options for moving forward. Whether you are already living apart or considering separation, legal guidance can help you prepare for what comes next.
Contact us today at (407) 420-2311 to schedule a case evaluation and discuss your situation with our legal team.