Separations In Florida: What You Need To Know
When a married couple in Florida decides that they can no longer live together, they have the option of getting a separation. This means that they are still technically married, but they live separately and have agreed to certain terms regarding child custody, child support, property division, and alimony. A separation can be a helpful step for couples who are unsure about whether or not they want to get a divorce.
What are the Benefits of a Separation in Florida?
A separation in Florida can provide a number of key benefits for couples who are considering splitting up. Some of the key benefits include:
- Clarification of Financial Status: A separation can help to clarify the financial status of each spouse, which can be helpful when it comes time to divide assets and debts.
- Protection for Children: A separation can help to protect children from the stress and
conflict that often accompanies a divorce. It can also help to establish clear boundaries
between the two households.
- Health and Social Security Benefits: You can still receive benefits like health insurance
and Social Security through your spouse.
- Tax Benefits: You can still file taxes jointly and benefit from couples’ tax benefits as
long as you do the tax filing correctly.
- Inheritance: You can still inherit from your spouse if he or she dies.
A separation is also beneficial for people who, by virtue of their religion and/or cultural heritage,
are not permitted to divorce.
Why is it Termed “Separation” and Not “Legal Separation?”
When a Florida couple decides to live apart, they may do so informally or they may seek a mediator (or a lawyer), who can help out with the “legal separation.” This is because, in Florida, there is no such thing as a legal separation. The state does not formally recognize this type of split and therefore, there is no official legal document that outlines the separation agreement between the parties.
There are a few reasons why Florida does not have a legal separation process. One reason is that the state views marriage as a contract between two people. When a couple gets married, they are entering into an agreement with each other and they are bound by that agreement until it is terminated. A legal separation would essentially be a termination of that contract without actually getting divorced.