Should I Get Divorced or Legally Separated in Florida?

If you’re going through a difficult period in your marriage, you’re probably asking yourself whether it’s better to get divorced or legally separated. It’s a deeply personal question, and the right answer depends on your unique circumstances. However, before you can make that decision, it’s important to understand what the law allows in Florida—and what it doesn’t. While many states offer couples the choice between legal separation and divorce, Florida approaches this issue differently. Understanding Florida’s laws is critical before you take your next step.

Legal Separation in Florida: What You Should Know

Unlike many other states, Florida does not formally recognize legal separation. That means there’s no official court process for becoming “legally separated” while remaining married. If you’ve heard of legal separation in other states, where a couple lives apart with court-approved terms for spousal support, custody, and property, that structure doesn’t apply here.

Still, couples in Florida who want to live apart without officially divorcing do have some legal tools available. Florida law allows you to address certain issues—like financial support and parenting responsibilities—even if you’re still legally married and not pursuing divorce right away.

For example, under Florida Statutes § 61.09, a spouse who is not being financially supported by their partner can request alimony or child support without filing for divorce. This is sometimes called a petition for support unconnected with dissolution of marriage. Essentially, you can live separately and still ask the court to order your spouse to provide for you or your children.

Additionally, under § 61.10, a parent can file a petition to establish child custody and support, even if the couple is not divorcing. These legal options allow families to create stability while living apart, without needing to end the marriage entirely.

Why Couples Choose to Live Apart Without Divorcing

There are several reasons couples may decide to live apart without filing for divorce. For some, it’s a matter of religious belief or cultural tradition. Others hope to reconcile after spending time apart. There are also practical and financial considerations—such as maintaining health insurance, tax benefits, or military retirement eligibility—that might encourage a couple to remain married on paper.

For some couples, the decision to avoid divorce is made to maintain financial security. Health insurance is a big factor; in many cases, once a couple divorces, one spouse may eventually lose access to the other’s employer-sponsored health plan. In situations where one partner has chronic medical needs, this can be a major consideration.

Others may be nearing the 10-year mark for Social Security benefits eligibility or military pensions and want to avoid divorce until those milestones are reached. And in still other cases, parents want to keep the family structure intact for the sake of their children, at least legally, even if they no longer live together.

When Divorce Becomes the Better Option

While separation may seem like the less drastic option, it isn’t always the most practical or effective solution—especially in Florida, where it lacks formal legal recognition. If you are looking to make a definitive break from your spouse, divorce is the only legal way to sever the marital relationship under Florida law.

A divorce, formally referred to as a “dissolution of marriage,” is handled under Florida Statutes Chapter 61. It allows you to fully address key issues such as division of marital assets, debts, spousal support, child custody, and child support. Importantly, divorce also restores your legal status as a single person, freeing you to remarry in the future.

Many individuals turn to divorce when reconciliation is no longer possible, when there is a pattern of emotional or physical abuse, or when the relationship has reached a point of irretrievable breakdown. In Florida, the courts only require that the marriage is “irretrievably broken” or that one spouse has been mentally incapacitated for at least three years to grant a divorce under § 61.052.

The Practical Differences Between Divorce and Separation in Florida

If you’re trying to decide between living apart and filing for divorce, it’s important to understand the practical consequences of each choice.

Choosing to live apart without a formal divorce means that, legally, you’re still married. This means you are still tied to your spouse when it comes to debts, taxes, and certain financial obligations. You won’t be able to remarry, and you may still share liability for your spouse’s decisions, depending on your circumstances. There’s also no automatic division of assets, and if no court orders are in place, disputes over property, finances, or parenting can become complex and contentious.

On the other hand, filing for divorce allows you to obtain court-enforced decisions on property division, alimony, and parenting plans. The courts will help distribute marital assets and debts equitably, as required under Florida Statutes § 61.075. Moreover, a judge can approve a parenting plan under § 61.13, establishing time-sharing arrangements, decision-making responsibilities, and child support obligations.

With divorce, you have a clear legal path forward. You can move on emotionally and financially, knowing the law is there to support the resolution of any lingering obligations or rights. In contrast, with an informal separation, much is left to personal agreements and goodwill, which may not always hold up in times of stress or disagreement.

Trial Separations and Temporary Agreements

If you’re still unsure whether divorce is the right choice, some couples begin with a trial separation. This involves living apart for a set period while maintaining open communication and working through issues, often with the help of counseling or therapy. Although Florida courts don’t recognize trial separation in a legal sense, you can still create temporary agreements to govern finances and parenting responsibilities during this time.

Some couples also choose to create post-nuptial agreements—written contracts made after marriage that spell out how finances, property, and other matters will be handled in the event of separation or divorce. While not a substitute for legal separation, these agreements can offer some structure and legal enforceability during a trial separation period.

Transitioning from Separation to Divorce

If you begin by separating informally and later determine that divorce is the right decision, you can proceed with filing at any time, provided you meet the residency requirement of six months under § 61.021. Many people take this route after discovering that living apart didn’t resolve the core issues in the relationship. Others find that while separation provided temporary relief, it wasn’t a long-term solution.

Once you file for divorce, you’ll go through the process of legal discovery, mediation, and court hearings if necessary. This allows each party to present their case regarding property division, support, and parenting matters, ultimately leading to a final judgment that legally ends the marriage.

Bradenton, Sarasota, Lakewood Ranch, and Venice, Florida Divorce and Separation Lawyer

If you’re facing a separation or considering divorce, understanding your legal options is essential. Whether you’re seeking support while living apart or ready to end your marriage permanently, the Bradenton, Sarasota, Lakewood Ranch, and Venice, Florida divorce attorneys at Law Offices of Matthew Z. Martell, P.A. are here to guide you through the process with clarity and compassion. Our team can help you evaluate the best course of action for your unique situation, ensuring your rights and interests are fully protected. To speak with an experienced divorce attorney near you, contact Law Offices of Matthew Z. Martell, P.A. online or call (941) 556-7020 for a consultation.