Legal Separation In Florida: When Divorce Isn’t Quite Right

If you’re at a crossroads in your marriage, unsure if divorce is the right choice or perhaps not quite ready to take that step, you may be considering an alternative – legal separation. While Florida doesn’t recognize legal separation as a formal status, you can still create a structured separation through a binding written agreement. You can also potentially seek court involvement for limited issues like child custody and financial support. Legal separation can be either temporary or permanent, depending on your needs and circumstances.

I can help you understand your options and create a separation agreement that addresses your unique situation. I’m Mark Sawicki, a Florida family law attorney with offices in Fort Lauderdale and Palm Beach Gardens. I have spent over a decade guiding individuals through some of the biggest family transitions in their lives. My practice is built on a deep understanding of Florida family law and a commitment to making a positive impact in my clients’ lives. I am here to support and advocate for you as you navigate the decisions ahead.

Why Consider Separation Rather Than Divorce?

There are many reasons why you might opt for a legal separation instead of a divorce:

• Keeping the legal benefits of marriage: Staying legally married can offer significant advantages such as maintaining eligibility for health insurance, securing tax advantages and retaining military benefits.
• Avoiding divorce proceedings: The divorce process can be lengthy and emotionally draining, even in uncontested cases. Legal separation is typically more straightforward as well as much faster and less costly than divorce.
• Upholding religious beliefs or personal values: Some couples hold religious beliefs that discourage divorce. Separation allows them to maintain a divorced lifestyle without formally ending the marriage.
• Allowing more time to consider your options and prepare: You might not be ready for divorce if you’re still unsure about ending the marriage or you haven’t met Florida’s six-month residency requirement. Legal separation allows you to establish separate lives while giving you time to make informed decisions or meet legal prerequisites.

If you’re looking for a solution that allows you to maintain these or other benefits of marriage while living independently, legal separation might be the right choice for you. You can turn to me for further guidance.

How A Postnuptial Agreement Can Accomplish Legal Separation

A postnuptial (post-marital) agreement is an effective tool for legal separation. Like a prenuptial agreement, a “postnup” can address asset division, financial responsibilities and other aspects of your separate living arrangement. Unlike a prenup, a postnup is executed during the marriage, not before.

A well-crafted postnuptial agreement provides you and your spouse with clear expectations and mutual respect as you build your separate lives. It also provides legal protections and can steer the course of any future divorce proceedings.

For a postnup to be enforceable, it must meet specific legal requirements. Each spouse should have their own lawyer. I can guide you through this process to ensure that your agreement fully captures the terms of your separation and fully complies with Florida law.

Seeking Court Involvement For Child Custody, Child Support And Alimony

Outside of divorce, you can still resolve issues related to custody and child support through court when needed. In some situations, you may also seek court-ordered alimony (spousal support) without having to file for divorce.

The decision to seek court involvement is a big one. Going to court negates what is, for many, a key advantage of legal separation – avoiding potentially lengthy and expensive court proceedings. However, the advantages may outweigh the downsides in some situations. I can help you weigh your options and decide whether and how to pursue court involvement in your legal separation.

Explore Your Options For Separation

If you’re considering separating from your spouse and need help understanding your options or drafting a post-marital agreement, please don’t hesitate to reach out. I can help you craft the right legal foundation for moving forward with clarity and peace of mind. Call 954-928-9331 to learn more about how I can help you start this next chapter of your life.