What are the implications of a legal separation versus a divorce?
Asked in Miami, FL on November 22, 2024 Last answered on March 18, 2025My spouse and I are considering a legal separation instead of a divorce. What are the differences and implications of a legal separation compared to a divorce, especially regarding finances and custody?
1 answer
While some states recognize legal separations, Florida is not one of those states. So, my answer to the question is that Florida does not recognize a "legal separation."
Some people and even some lawyers, who don't practice family law in Florida, believe that they are "legally separated" if they enter into a marital settlement agreement. Their mistaken belief may lead them to delay filing additional pleadings or prematurely setting their causes for final hearings. To avoid this problem, I always tell my clients that they are not "legally separated" when they enter into a marital settlement agreement. It should be noted that people can enter into a premarital agreement (known as a prenuptial agreement), to provide for disposition of property upon separation and/or divorce. Married couples can also enter into post-marriage agreements (known as postnuptial agreements) to govern their property and support rights in the event of a dissolution of marriage. Neither agreement, however, constitutes a legal separation agreement. They are merely pre-planned marital settlement agreements which are enforced in the same manner as marital settlement agreements entered after the parties have decided to divorce.
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