Considering A Marital Separation In Fort Lauderdale? Know The Options Available

When a couple hits a rocky patch in their marriage, a separation can provide some much-needed space. It can also help in cases where a couple’s faith, family, or other factors prevent them from seeking a divorce in Fort Lauderdale.

There are no provisions for a legal separation under the Florida Statutes, but there are some alternatives, which can help protect your legal rights in this situation. As an experienced Fort Lauderdale family attorney who has counseled countless clients in these cases, we explain the options available.

Legal Separation Not An Option In Fort Lauderdale

A legal separation is generally defined as a formal court order detailing the rights and responsibilities of each partner when a married couple chooses not to live together. It can prove useful in any of the following cases:

• When a married couple needs time away from the relationship to work out problems;
• When divorce is frowned on by the couple’s culture, faith, or community;
• When a divorce would result in a significant loss of benefits for one of the parties;
• When a couple otherwise prefers to remain married but no longer wishes to live together.

Most states allow for legal separation, but Florida is one of the half-dozen notable exceptions (the others are Georgia, Mississippi, Texas, Delaware, and Pennsylvania). Fortunately, while the Florida Statutes don’t provide legal separation as an option, there are some alternatives, depending on your specific situation.

The Alternatives to Legal Separation In Fort Lauderdale

For married couples, a legal separation can provide you with the freedom of time apart from one another while clarifying important issues, such as marital property rights, spousal support, and child custody.  Legal separation may also prove helpful when entering into an apartment lease, applying for a loan, or in other situations where you want to show that despite being technically married, you are on your own for all practical purposes.

While getting a legal separation order in Fort Lauderdale is not possible, some other options provide similar benefits:

• Having your attorney draw up a separation agreement: Once you and your spouse agree on the terms, your attorney can draft a formal separation agreement and file it through the Broward County Family Court. However, it can be easily broken and provides little legal resource.
• A postnuptial agreement: If you separated in order to work on specific problems with your marriage, a postnuptial agreement can detail the ‘terms’ while protecting your rights in the event you do get divorced.
• Temporary orders: You can file a petition for Support Without Dissolution of Marriage or request temporary orders protecting your rights regarding marital property, child custody, and other important matters while living separate and apart from your spouse.

Contact Our Fort Lauderdale Family Attorney Today

Legal separation is not an option in Fort Lauderdale, but there are other steps you can take to protect your rights while living apart from your spouse. Fort Lauderdale family attorney Sandra Bonfiglio can explain the options available. To schedule a consultation, contact our office today.

Sources:

worldpopulationreview.com/state-rankings/legal-separation-states#:~:text=All%20of%20the%20states%20in,you%20must%20file%20for%20divorce.

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html