How to Separate from Your Spouse While You’re Still Living Together in Florida

When a marriage is in trouble, many couples find themselves in limbo—wanting to separate but not being ready or able to physically part ways.

In Florida, it’s possible to be separated from your spouse while still living under the same roof, but it’s important to understand the legal landscape and take steps to protect your interests during this challenging time.

Separation vs. Divorce in Florida

Unlike many states, Florida does not have a formal process for obtaining a legal separation. You are either married or divorced in the eyes of Florida law – there is no legally recognized in-between status.

However, that doesn’t mean separation isn’t an option for Florida couples. It just means that separation is more of a practical arrangement than a legal one. You can absolutely live separately from your spouse while remaining legally married. The date you begin living apart is your date of separation.

The key differences between separation and divorce in Florida are:

• Separation does not legally end your marriage; divorce does
• Separation allows you to continue sharing marital benefits like health insurance and tax filing status; divorce terminates these
• Separation does not result in a final division of assets and debts; divorce does
• Separation keeps the legal relationship intact; divorce severs it and frees both spouses to remarry

So while separation doesn’t carry the same legal significance in Florida as it does in some states, it can still serve as a stepping stone on the way to divorce or a chance to live apart while working on the marriage.

Formalizing Your Separation Agreement

Just because you can’t get a court-sanctioned legal separation in Florida doesn’t mean you can’t formalize your arrangement. Many separating couples choose to memorialize the terms of their separation in a written agreement. This is often called a postnuptial agreement.

A postnuptial agreement is a legally binding contract executed during the marriage that sets terms for things like:

• Division of assets and debts
• Alimony/spousal support
• Child custody and parenting time
• Who will remain in the marital home
• How expenses will be shared

Postnuptial agreements are a way for Florida couples to achieve many of the protections of a legal separation. They provide clarity and peace of mind in an otherwise turbulent time.

However, there are limits to what you can accomplish in a postnuptial agreement, especially when it comes to child custody. While you can include a parenting plan and time-sharing schedule in your agreement, the court will still have the final say. If a dispute arises or you divorce down the line, a judge must evaluate custody based on the child’s best interests, regardless of what your separation agreement says.

Establishing Informal Ground Rules

If a formal postnuptial agreement isn’t necessary or practical for your situation, you can still set some informal ground rules for how your in-home separation will work. Some key things to clarify with your spouse include:

• Will you continue sharing a bedroom?
• How will you divide chores, bills, and household responsibilities?
• What are the expectations around dating other people?
• How will you explain the situation to family, friends, and your children?
• What steps will you take to separate your finances?

Getting on the same page about these issues can reduce friction and make living together while separated more bearable. Even if your agreed-upon terms aren’t formally memorialized, having a mutual understanding can provide valuable structure.

Addressing Support Issues During Separation

Many folks considering separation have concerns about alimony and child support – how will these work if you’re not yet divorced? The good news is, you don’t have to be divorced to seek support in Florida. The law allows spouses to petition the court for alimony and/or child support even without a divorce action pending.

Some separating couples choose to resolve these issues in their postnuptial agreements, setting terms for both alimony and child support. However, as with child custody matters, the court is not bound by what you agree to privately. If your agreement doesn’t meet Florida’s guidelines or appear fair and reasonable, a judge can override it.

Pros and Cons of Separating vs. Divorcing

Is separation right for you, or would divorce be a better fit? Only you can answer that, but here are some factors to weigh:

Reasons to consider separation:

• Religious beliefs that discourage divorce
• Desire to maintain benefits like health insurance or tax advantages
• Hope of eventual marital reconciliation
• Preference to avoid the finality and potential acrimony of divorce

Reasons divorce may be preferable:

• Desire to legally end the marriage and have the freedom to remarry
• Need for final resolution on asset division and support issues
• Willingness to give up marital benefits and change tax filing status
• Readiness to move on emotionally and legally

Getting Guidance on Your Florida Separation

Deciding whether and how to separate is a deeply personal choice with significant consequences. If you’re considering separating from your spouse, it’s wise to consult with an experienced family law attorney first. They can help you understand your rights, weigh your options, and take steps to protect your interests.

At Vollrath Law, we know this is a challenging chapter. Our compassionate team is here to provide the caring support and expert guidance you need to navigate this transition with clarity and confidence. Whether you choose a postnuptial agreement, an informal separation, or an uncontested divorce, we’ll work tirelessly to help you achieve a favorable outcome.

To discuss your situation and explore your options, we invite you to contact our office today to schedule a confidential consultation. A brighter future starts with one call.