Does Florida Recognize Legal Separation?

Some states in the United States recognize legal separation, but Florida is not one of them. Instead, the state has a much less formal method for determining that two spouses are separated and addressing their needs.

In states that do recognize it, legal separation is a formal agreement spouses can create to live separately from each other while remaining legally married. Many of the same issues that are addressed during divorce are addressed in legal separation, including property division, child custody, child support, and more. Spouses can live under their separation agreement for as long as it takes to complete their divorce or indefinitely, as may be the case for those whose religion doesn’t permit divorce.

In Florida, however, there is no formal way to legally separate from your spouse. If you wish to live separately from each other and be considered separated, all you need to do is maintain separate residences, pay your separate expenses, and stop commingling funds in a joint bank account.

Even if you’re married, you (or your spouse) can file a child support or alimony action, as well as a child custody petition, to address these more complicated issues. In these actions, however, it’s vitally important to prove that each spouse is maintaining a separate household and keeping their finances separate from the other’s.

Do You Need Legal Support?

If you have a question or need legal support regarding divorce or a related family law matter, our attorneys at Tinny, Meyer & Piccarreto, P.A. can help. With many years of combined experience, our legal team has the knowledge and skill necessary to assist clients through even the most challenging issues.

For more information or to request a consultation, contact us online.