Separations In Florida: What You Need To Know

Separations in Florida: What You Need to KnowWhen 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.

Our family law attorneys are focused on efficiently and effectively preparing clients for the most difficult circumstances. The attorneys at HAWM law have experience dealing with an array of family law matters and can prepare the necessary and often unique strategy and tools that your family may require.

Why Go Ahead With a Separation in Florida?

Florida is one of a handful of states with a “no-fault” divorce statute. This means that you do not have to prove that your spouse did anything wrong to get a divorce. You must only prove that your marriage is “irretrievably broken.” This can be done by showing that you and your spouse have been living separately and apart for a reasonable amount of time, or that there is no hope of reconciliation. You could also file for divorce on grounds of the mental incapacity of your spouse. If you meet these requirements, you can file a Petition for Dissolution of Marriage in family court.

Given the “irretrievably broken” requirement for a divorce, many couples choose to have a lawyer get them a separation agreement, and, as such, live apart while they decide whether or not to proceed with a divorce later in the future.

Speak to a Florida Family Law Attorney

In conclusion, separation in Florida is a process that allows couples to live separately while still being legally married. This is done by most couples as it has a host of benefits attached to it. If you are considering separation in Florida, consult with an experienced family law attorney at HAWM Law to learn more about your options.

Translate »