Some couples may not want to file a divorce for financial, medical, family, religious or emotional reasons and prefer to live separately from one another. Others are not sure they want the finality of a divorce and want to try separation to see if they may want to reconcile in the future. However, since Florida is one of the few states that does not recognize a legal separation agreement, when you want to separate from your spouse, you do not need court involvement or permission. You may establish separate residences, pay your own expenses and maintain separate (not joint) bank accounts.
If your spouse is not providing child or spousal support and has the ability to do so, you can still file pleadings with the court to request that support, even without filing for divorce. This is called a Petition for Support Without Divorce.
You may also achieve most of the same results of a separation agreement by entering into a postnuptial agreement with your spouse, which addresses any decisions that need to be made. Our experienced attorneys can assist with drafting a thorough postnuptial agreement to conform to statutory requirements and ensure that it is enforceable. However, be aware that prenuptial and postnuptial agreement cannot address child issues as a matter of law. Only a Marital Settlement Agreement and Parenting Plan can address these issues.
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