Many people come to us asking about legal separation in Florida. Maybe you’re unsure about divorce but still want to live apart. Maybe you’re worried about finances, kids, or health insurance. It’s a common place to be—feeling stuck between staying married and making a permanent break.
If you’re in that situation, it’s important to understand how Florida law works. In this blog, we’ll clear up common confusion about separation in Florida, walk through the legal steps you can take if you’re living apart, and offer guidance on how to stay protected without filing for divorce.
No Legal Separation in Florida
Florida does not offer a formal legal separation process like some other states do. You can’t go to court and get a “legal separation” status. Under Florida law, you’re either married or divorced—there’s no in-between classification.
This doesn’t mean you’re out of options. You can still live apart, and you can still seek court orders that address important issues like child custody, support, and property. But the law doesn’t provide a separate track or legal status for separation itself.
We often hear from people who assume that separating automatically gives them rights. Unfortunately, without taking certain legal steps, that’s not the case. If you’re planning to separate, it’s important to be proactive about the financial and parental responsibilities that come with that decision.
Legal Tools That Mimic Separation
Even though legal separation isn’t available, Florida law does allow you to create structure around your separation. Several tools can give you many of the protections that a formal separation would in other states.
Here are some of the most useful legal options:
- Postnuptial agreements – These contracts can outline how you and your spouse will handle property, debts, or support while remaining legally married. They can also cover what happens if you later decide to divorce.
- Petition for support unconnected with dissolution – Under Florida Statute §61.09, one spouse can ask the court for financial support even without filing for divorce. This is especially helpful if one person has moved out but continues to rely on the other financially.
- Temporary parenting plans – Parents can create agreements or ask the court to decide where the children will live and how parenting time will be shared during the separation.
While none of these are called “legal separation,” they allow you to live separately with legal protections in place.
Why Couples Choose to Separate Without Divorcing
There are many reasons couples decide to live apart without ending the marriage. Some want time to work through personal or relationship issues without the pressure of a divorce. Others stay married for practical reasons.
Here are a few common situations:
- Religious or moral values that discourage divorce
- Health insurance concerns, since divorce could end coverage
- Tax or financial planning advantages to remaining married
- Hope for reconciliation, especially if one or both spouses aren’t ready to make a final decision
Whatever your reason, we’re here to help you plan thoughtfully and protect what matters to you during this time.
How We Can Support You
At Staples Law Group, P.A., we understand that not every couple wants to jump straight into a divorce. If you’re looking for a legal way to separate without filing for divorce, we’ll work with you to find the right tools and agreements to meet your needs.
We can help you with:
- Drafting a postnuptial or separation agreement
- Filing a petition for support through the courts
- Creating a temporary parenting plan that works for your family
- Reviewing your rights and responsibilities while living apart
Our goal is to make sure you’re legally protected, financially secure, and informed about your choices. We’ll take the time to listen and guide you through each step.
Understanding Your Options
Legal separation may not exist in Florida by name, but you still have options. With the right agreements and legal support, you can live separately and maintain your financial and parental rights.
If you’re thinking about separating, or you’ve already moved out, we encourage you to speak with an attorney before problems arise. At Staples Law Group, P.A., we’re ready to help you understand your legal options and make confident decisions. Contact us today to schedule a consultation.