Legal Separation In Florida And What You Need To Know

Not Ready for Florida Divorce but Thinking of Calling it Quits?

This post will focus on what you need to know about legal separation in Florida.

legal separation in floridaTechnically, Legal Separation in Florida Doesn’t Exist

If you are still riding the seesaw between marriage and divorce, you might be in for a little more work than anticipated. But, as our good friend Joe once said, knowing is half the battle. It turns out, being legally separated isn’t a status recognized by Florida Statute. And although there’s no specific law defining legal separation in Florida, that doesn’t mean you’re totally out of luck. During marital separation, without filing divorce, you can still:

  1. Receive child support and alimony
  2. Enter into a legal separation agreement

While divorce terminates a Florida marriage, the parties remained hitched during separation. A spouse may request court adjudication of certain select issues when the parties haven’t completely given up on each other. This includes resolving issues like child custody and child support payments while the parties are taking the single life for a test spin.

What You Need to Know about Legal Separation in Florida

Although Florida doesn’t provide a separate cause of action for parties to be legally separated, a postnuptial agreement could be what the doctor ordered. This allows a couple to formalize the terms of a separation while they figure things out and affords the parties the same rights as those living in states where legal separation is sanctioned. To validate a legal separation in Florida, the couple agrees to the terms of legally binding agreement and enters into it on their own accord.

The court doesn’t approve the legal separation agreement or resolve disputes between the parties marriage. Basically, it’s the one settlement courts stay out of until things officially head south. Sound familiar? If you guessed that it sounds an awful lot like a prenuptial agreement, you’re correct. Vanna, tell them what they’ve won!

How to Get Around the Lack of Recognition of Legal Separation in Florida

People generally don’t enter marriage planning for divorce.  That doesn’t mean you shouldn’t prepare for it. A  Florida prenup or post marital settlement agreement is a crucial tool to protect parties’ respective assets. This also prevents the need for unnecessary legal fees and states of unmanageable stress.

When Dealing with Legal Separation in Florida, It’s All in the Details

When divorce in Florida is unavoidable, postnuptial agreements allow parties to call the shots rather than leaving it up to the judge. Skipping the emotional and financial trauma of divorce trials in Palm Beach County family court is always a good thing. Consequently, working things out via ironing out the details in an agreement is a lot easier when you’re still semi-committed to making things work.

legal separation in FloridaTips on Handling Legal Separation in Florida

At The Law Office of Jordan Gerber, P.A., we stress the importance in knowing that a Florida post marital agreement receives the same treatment as any other contract. This means it will be enforceable where the evidence establishes that there has been a firm meeting of the minds as to the essential aspects and terms. A Florida settlement agreement dealing solely with equitable distribution doesn’t require further action by the court once the spouses have signed. However, a post marital agreement regarding Florida child support and child custody is not binding and enforceable until the family court enters an order approving it.

 Finding The Top Attorneys For Your Florida Family Law Case

In sum, the Palm Beach County family court will not set aside an agreement dealing with legal separation in Florida absent the existence of fraud or duress. The exception to this is if a contract’s terms are ambiguous.  It doesn’t matter how unfair or one-sided the terms of a prenup or post marital agreement may appear. It is also important to note that Florida Statutes require certain wording when including provisions relating to support and property division to ensure full protection. Click Boca Raton Family Lawyer today so that your divorce settlement agreement is drafted with the specificity required to protect your interests and is legally sound. All we are saying is give peace a chance.

Boca Raton Family Lawyer Practice Areas Include:

  • Florida Post Marital Agreement

  • Divorce Settlement Agreement

  • Prenup Infidelity Clause

  • Florida Cohabitation Law

  • Cohabitation Agreement

  • Parental Rights In Florida

Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County. Assisting in all areas of Florida Family Law. Click  South Florida Top Attorneys today to schedule your consultation to take the stress out of the divorce process.