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Many states offer legal separation as an arrangement in which spouses live separately, divide their assets, establish child custody arrangements, and set alimony payments, all while remaining married under the law. However, Florida is one of a handful of states that do not formally grant legal separation as a court-sanctioned status. Legally speaking, spouses may either remain married or pursue a divorce, there is nothing in between. That being said, there are indeed ways that couples may live separately with court-ordered determinations regarding child custody and alimony.
If you are considering a temporary or permanent separation in Florida, but are unwilling or unable to get a divorce, we encourage you to contact our office to schedule a free consultation.
In other states, legal separation is an alternative to divorce for spouses who wish to live separately but remain legally married for one reason or another. Common reasons include religious requirements and financial or economic incentives, such as health insurance benefits. It is also pursued by couples who want to live separately with court-ordered arrangements while working out personal or marital issues.
In Florida, couples may choose to separate but remain married for similar reasons. Perhaps they want to maintain tax benefits, medical privileges, or wish to honor their religious norms. Whatever the case, spouses are legally allowed to live separately while remaining married under the law. When informally separating in Florida, parties must work together and file voluntary petitions establishing custody and support arrangements, such as alimony and child support. However, just like with legal separation in other states, living separately does not technically terminate a marriage under the law, meaning neither spouse is permitted to remarry.
Temporary Relief Orders
There are cases where spouses are going through divorce proceedings but final determinations haven’t been reached regarding one or more separation terms. In these cases, spouses may agree to arrangements, or courts will issue temporary orders while proceedings are ongoing (based on the evidence presented thus far).
Truly a hard-working and motivated lawyer. 1000000% recommend!Andrea B.
I truly could not have asked for a better outcome.Wendy M.
I highly recommend Richard Spence.Emily E.
Let Us Guide You Through Your Separation
The Spence Law Firm understands that navigating separations can be overwhelming for couples and their families. Our separation lawyers in Orlando are here to help make sure you understand your rights throughout all stages of your case. Whether you wish to remain legally married or would like to pursue a divorce, our experienced attorneys will work diligently to secure all possible benefits under Florida law before any final decisions are made regarding your marital status.
To discuss your options with our Orlando separation attorneys, call (407) 794-9004 or complete our contact form.
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