What Couples Should Know

When a marriage is struggling, many couples don’t want to jump straight to divorce. Instead, they start looking for a middle ground — something that gives them space to live separately, work on finances, or co-parent more peacefully without officially ending the marriage.

In many states, that’s where legal separation comes in. But if you’re in Florida, things work differently.

Here’s what you need to know about whether Florida allows legal separation, and the alternatives available if you’re not ready for divorce.

Does Florida Recognize Legal Separation?

No — Florida does not formally recognize legal separation.

Unlike many other states that allow couples to file for “legal separation” through the courts — where spouses can remain married while addressing custody, support, and property matters — Florida has no statutory framework for such a status.

In Florida, a couple is either:

• Married, with all accompanying legal rights and responsibilities, or
• Divorced, meaning the marriage has been legally dissolved.

There is no intermediate legal status of “legally separated” that couples can enter into through the courts.

What Options Do Florida Couples Have Instead?

Even though Florida doesn’t offer legal separation, couples still have legal tools to create some of the same protections.

1. Support Without Divorce

Under Florida Statutes § 61.09, a spouse can seek alimony and child support without filing for divorce. This law allows one spouse to request financial support while the marriage continues.

2. Parenting Plans and Custody Arrangements

Parents who live separately but remain married can still establish parenting plans through the courts under Florida Statutes § 61.13. This sets out time-sharing schedules, decision-making authority, and child support.

3. Postnuptial Agreements

Couples can enter into a postnuptial agreement — essentially a contract made after marriage. This can address property division, financial responsibilities, and even spousal support if the couple later divorces.

4. Trial Separation (Informal)

Many couples simply live apart without court involvement. While this isn’t legally binding, it can give spouses space to evaluate whether reconciliation or divorce is the next step.

Why Doesn’t Florida Have Legal Separation?

Florida lawmakers have never created a statute for legal separation, partly because existing laws already allow couples to:

• Seek support without divorce
• Establish custody and parenting plans
• Enter into postnuptial agreements

Essentially, Florida law treats marriage as all-or-nothing — but with legal tools available to cover many of the practical needs couples face during separation.

Is Legal Separation Ever a Good Idea in Florida?

While Florida doesn’t have a formal process, couples sometimes choose the “in-between” route because:

• They have religious or cultural reasons for not divorcing
• They want to stay on a spouse’s health insurance
• They hope to reconcile but need boundaries in the meantime

In those cases, using support petitions, parenting plans, and postnuptial agreements can create the same protections as legal separation in other states.

Final Thoughts

If you’re unhappy in your marriage but not ready to file for divorce, you still have options. While Florida doesn’t offer a formal legal separation, you can:

• File for support under § 61.09
• Establish custody and parenting plans under § 61.13
• Protect assets and responsibilities with a postnuptial agreement

The right choice depends on your family’s situation and your goals moving forward.

You might also find it helpful to read our guide: Unhappy Marriage? 7 Options to Consider Before Divorce.

Considering separation but not sure which path is right?

Contact Melendez Law Office today to talk about your options and create a plan that works for your family.