For many couples, separation feels like a logical first step before divorce. It provides space and time to assess the future of the marriage without making anything final. However, if you live in Florida, it’s important to understand that Florida does not recognize legal separation in the way some other states do. This lack of recognition can have serious consequences, particularly when it comes to your finances, rights, and future.
As a Certified Divorce Financial Analyst (CDFA), I often see how staying in this gray area of separation can complicate things and put individuals in a vulnerable position. Here’s why being separated without legal protections can hurt you in Florida.
Your Finances Remain Intertwined
One of biggest misconceptions about separation is that living apart means your finances are automatically split. This is not the case. In Florida, unless you officially file for divorce or establish some form of legal agreement, your finances remain intertwined. This means any debts your spouse accumulates during the separation may still affect you. Similarly, assets acquired during the separation, even if you aren’t living together, are often considered marital property.
For example, if your spouse runs up credit card debt while you’re separated, those debts could still be counted as marital debts in a divorce settlement. Without a clear legal boundary, you may be liable for financial decisions you had no control over.
You Could Miss Out on Spousal Support
Florida does not automatically provide spousal support during a separation period, as the state does not officially recognize separation. If you’re financially dependent on your spouse, being separated without any formal agreement can leave you struggling to cover your living expenses. It’s common for separated individuals to assume they’ll receive spousal support later, but until a divorce is filed, there’s no legal obligation for your spouse to provide financial support.
By filing for divorce or working with an attorney to draft a formal agreement during your separation, you can establish clear expectations around financial support and ensure your needs are being met.
You Could Lose Control Over Marital Assets
During a separation, it’s crucial to have a legal framework in place to protect your share of marital assets. In Florida, if you remain legally married and separated for a prolonged period, your spouse may have the ability to control, spend, or hide marital assets. Without a formal agreement or court order, you may not have the legal means to stop your spouse from selling assets, draining accounts, or taking on new debts.
Many spouses in separation mistakenly assume they can wait until they’re ready to divorce to divide assets. However, the longer you remain separated without legal protections, the greater the risk of losing control over the finances you’ve worked hard to build together.
You Have No Legal Protections for Custody or Support
For parents, being separated without a legal agreement can cause confusion and stress around custody arrangements and child support. In Florida, there’s no automatic court order for temporary custody or support during a separation. This means you may not have any legal recourse if your spouse refuses to cooperate with custody arrangements or contribute to the financial support of your children.
Without a court-ordered parenting plan or support agreement, the stability of your children’s lives could be disrupted, and you may find yourself bearing the full financial burden of childcare costs.
What You Can Do to Protect Yourself
While Florida doesn’t formally recognize separation, there are steps you can take to protect yourself during this time. Here are a few key actions:
- Create a Postnuptial Agreement: A postnuptial agreement allows you to outline how assets, debts, and support will be handled during the separation period. It’s similar to a prenuptial agreement but is created after marriage.
- File for Temporary Relief: You can petition the court for temporary relief in the form of spousal or child support while you and your spouse are separated. This ensures you have financial support until a divorce is finalized.
- Work with a CDFA and Attorney: Seeking financial and legal guidance early in the separation process can help you create a formal agreement that protects your rights, assets, and future. A CDFA can assist in navigating the financial complexities, while an attorney can guide you through the legal side.
Take Action: Don’t Let Separation Put You at Risk
If you’re considering or currently going through a separation, it’s essential to protect yourself. Don’t wait until divorce to get your finances and legal agreements in order. At Orlando Divorce Planning, we can help you understand your financial options and work with your legal team to ensure your assets and rights are protected throughout this process.
Contact Orlando Divorce Planning now to schedule your consultation and take control of your financial future.
