While Florida does not formally recognize legal separation in the same way as some other states, there are legal options available to address support, parenting, and financial arrangements while spouses live apart. At The Law Office of Tiffany M. Hughes, P.C., we represent clients across Florida in establishing agreements and court orders related to spousal support, child support, and parenting time without immediately pursuing divorce. Our firm focuses exclusively on family law, allowing us to navigate Florida statutes and available legal remedies with precision. We work to create clear, enforceable arrangements that protect your rights and provide stability during periods of separation.
Florida does not formally recognize “legal separation” in the same way some other states do. There is no statutory procedure for obtaining a court order declaring spouses legally separated while remaining married. However, Florida law does provide mechanisms to address financial support and parenting issues when spouses live apart but are not ready to pursue divorce.
Understanding how Florida law handles separation is critical when spouses want financial protection, child support, or parental structure without filing for Dissolution of Marriage.
The Law Office of Tiffany M. Hughes, P.C. represents clients throughout Southwest Florida and the greater Tampa Bay region, including but not limited to, Sarasota County, Manatee County, Charlotte County, DeSoto County, Lee County, Hillsborough County, and Pinellas County. Every consultation is conducted directly with a licensed Divorce and Matrimonial Law Attorney, not a salesperson, not a case manager, and not an intake team.
Florida law does not provide a formal “legal separation” status. However, spouses living apart may seek court relief under certain statutes.
Under Section 61.09, Florida Statutes, a spouse may petition for support unconnected with dissolution of marriage. This allows the court to order:
This type of action allows spouses to remain legally married while obtaining financial relief.
Spouses who separate may enter into written separation agreements addressing:
These agreements may later be incorporated into a Final Judgment of Dissolution if the parties proceed with divorce.
Even without filing for divorce, parents may seek court orders regarding:
Courts evaluate parenting matters under the child’s best interests standard in Section 61.13, Florida Statutes.
When spouses separate, important financial issues may include:
Failure to address financial obligations during separation can lead to disputes later.
No. Legal separation does not terminate the marriage. Spouses remain legally married, which means:
Only a Final Judgment of Dissolution legally ends the marriage.
Can I file for legal separation in Florida?
Florida does not offer formal legal separation, but you may file for support without dissolution under Section 61.09.
Can we stay married but have a parenting plan?
Yes, parents may seek court orders addressing timesharing and child support.
Does separation protect me financially?
Without court orders or a written agreement, financial obligations may remain unclear.
If you and your spouse are living apart but not ready to divorce, understanding your financial and parental rights under Florida law is essential.
Contact The Law Office of Tiffany M. Hughes, P.C. to schedule a confidential consultation regarding separation and support options in Florida.
Call us at (773) 893-0228.
123 W Main Street, Suite 400 Chicago, IL 60601
1201 6th Ave W STE 100 Unit #677 Bradenton, Florida 34205
