Separation in Florida

Florida does not recognize legal separation in the way some other states do — there is no formal court process to declare spouses “legally separated.” However, Florida law does offer legal tools that can help spouses who are living apart but are not ready to file for divorce.

If you are living apart from your spouse — whether by mutual choice or not — and there are unresolved issues involving financial support or children, the court can step in to protect your rights and obligations. This may include:

• Establishing child support
• Determining alimony or spousal support
• Designating a child’s primary residence
• Establishing parenting plans and time-sharing (custody)

If you wish to live separately but are not ready to pursue divorce, we can help you file a petition asking the court to issue orders on support or parenting responsibilities, giving you clarity and structure while you evaluate your next steps.

Additionally, if you are in a situation involving domestic violence or emotional abuse, we can assist you in petitioning the court for a protective injunction (restraining order). In some cases, this can result in a court-ordered separation for your safety, while still allowing legal decisions to be made regarding children and finances.

What Is a Separation Agreement in Florida?

Though not recognized as “legal separation,” couples in Florida can enter into a separation agreement, often referred to as a postnuptial agreement. This is a legally binding contract between spouses who agree to live apart for an indefinite period. It can outline:

• Spousal support and alimony terms
• Child custody and child support arrangements
• Division of property and debts
• Payment of shared expenses or management of joint accounts

At Monarch Family Law, we help clients draft customized separation agreements that reflect their current needs and protect their future rights. If both spouses sign the agreement and it is approved by the court, it can serve as a solid legal foundation — and if reconciliation occurs, we can assist in having the agreement legally canceled.

Whether you’re hoping to repair your relationship or preparing for a more permanent decision, we’ll help you create the legal stability you need to move forward.