We often hear the question: “Can we use a separation agreement for legal purposes?” Unfortunately, Florida doesn’t technically recognize “legal separation.” While some states require a separation period before granting a divorce, Florida doesn’t follow this rule. However, there are exceptions in cases of infidelity or domestic violence.

In Florida, couples may physically separate, living apart while potentially maintaining shared finances and filing taxes jointly. The duration of separation may or may not be relevant if the parties decide to divorce.

During separation, some couples seek legal guidance to create agreements like Postnuptial Agreements, Marital Separation Agreements, or Marital Settlement Agreements. These documents outline terms to be followed if a divorce occurs and may serve as temporary arrangements for child-related matters during the interim period, especially in contested divorces that can span years. The agreement must meet legal requirements and undergo full disclosure.

An exception exists for permanent timesharing/custody arrangements, which must align with the terms in the Marital Settlement Agreement during the dissolution process. If the agreement is created after filing for divorce, it may not be enforceable, especially if a party challenges its terms in court.

Deciding on a separation agreement is a protective measure, and a mediator can help draft  a the parties make agreements for a legally binding settlementagreement. However, a prolonged separation without financial support may impact divorce proceedings, potentially serving as a waiver of spousal maintenance.

Regardless of the situation, hiring an experienced mediator is crucial to navigate this challenging time. Having a pre-divorce agreement in place before beginning the legal process can make negotiations smoother, providing peace of mind for both parties and maintaining stability for the children. If you need assistance, request a free evaluation of your case to learn more.

Successful Solution specializes in Mediation/Parent Coordination, aiding families through pivotal moments. Additionally, she offers divorce/life transition coaching and is a Divorce Mediator Dunedin FL. Your peace of mind is our utmost priority. Reach out for a solution grounded in experience and expertise today!