Florida Legal Separation Agreement
Florida has no legal-separation status, but a spouse can seek alimony and child support without divorce under Fla. Stat. 61.09, and a private agreement fixes rights. Attorney review available.
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Introduction
Florida does not have a legal-separation status: a Florida court cannot enter a decree that changes the couple's marital status to legally separated. The couple simply stays married. What Florida does offer is a support remedy without divorce. Under Fla. Stat. 61.09, if a person who has the ability to support a spouse or minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper. This is alimony and child support unconnected with dissolution, and it is the closest Florida comes to a court-supervised separation: it orders support while the couple lives apart, but it does not divide the marital estate and it does not make the couple legally separated. Because there is no separation status, the way spouses actually settle their affairs while living apart is a written separation agreement, a private contract in which they set out support, who lives where, how expenses are handled, and how they will treat property and debts. A written separation agreement is enforceable and can later be incorporated into a divorce judgment. Couples in Florida live apart under such an agreement to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding whether to divorce. The division of marital property and debts is Florida's equitable-distribution work, which belongs in a Florida Marital Settlement Agreement rather than being repeated here; if you decide to end the marriage, the pleading that starts it is a Florida Divorce Petition. DocDraft builds your Florida separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Florida has no legal-separation status: a Florida court cannot enter a decree making a couple legally separated. The couple stays married, and rights while living apart are fixed by a written separation agreement or by a court support order, not by a change of status.
- 2
Florida offers a support remedy without divorce under Fla. Stat. 61.09: a spouse who is not being supported may apply to the court for alimony and child support without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.
- 3
A Fla. Stat. 61.09 order sets support while the couple lives apart, but it does not divide the marital estate and it does not make the couple legally separated. It is a support action, not a separation status.
- 4
Because Florida has no separation status, spouses use a written separation agreement, a private contract that sets support, living arrangements, and how property and debts are handled while they live apart. It is enforceable and can be incorporated into a later divorce judgment.
- 5
Living apart alone does not fix rights in Florida. Until there is a written agreement or a court order, neither spouse has enforceable separation terms, so the terms should be put in writing.
- 6
Couples in Florida live apart under a separation agreement to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce.
- 7
The division of Florida marital property and debts is equitable-distribution work, so those terms belong in a marital settlement agreement rather than the separation agreement itself; see the Florida marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Florida, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Florida Requirements for Legal Separation Agreement
No Legal-Separation Status
Florida has no legal-separation status: a Florida court cannot enter a decree that makes a couple legally separated. The couple stays married, and rights while living apart are fixed by a written separation agreement or a court support order, not by a change of status.
Support Without Divorce Under 61.09
Under Fla. Stat. 61.09 a spouse who is not being supported may apply to the court for alimony and child support without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper. This orders support while the couple lives apart.
A 61.09 Order Does Not Divide Property
A Fla. Stat. 61.09 order sets support but does not divide the marital estate and does not make the couple legally separated. It is a support action, not a separation status, so property division waits for an agreement or a later divorce.
Written Separation Agreement Fixes Rights
Because Florida has no separation status, spouses use a written separation agreement, a private contract that sets support, living arrangements, and how property and debts are handled while they live apart. It is enforceable and can be incorporated into a later divorce judgment.
Living Apart Alone Does Not Fix Rights
In Florida, living apart by itself does not create enforceable separation rights. Until there is a written agreement or a court support order, neither spouse has enforceable separation terms, so the terms should be put in writing.
Marriage Continues Until Divorce
A Florida separation does not end the marriage. The spouses stay legally married while living apart, and neither may remarry. The marriage is dissolved only if the couple later obtains a divorce (dissolution of marriage).
Reasons to Separate Instead of Divorce
Couples in Florida live apart under a separation agreement to keep a spouse's health insurance, to reach the ten-year mark for certain military and Social Security benefits, or for religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a separation like a divorce.
Property Division Belongs in the Settlement Agreement
Florida divides marital property and debts by equitable distribution when a marriage is dissolved (Fla. Stat. 61.075). Because that is the same work done in a divorce, set out the division in a Florida marital settlement agreement and keep the separation agreement focused on support and living arrangements.