Does Florida Have Legal Separation? Alternatives Explained (2026)

Does Florida Allow Legal Separation?

No. Florida is one of only six states that does not recognize legal separation as a legal status. You cannot file for "legal separation" in Florida courts.

This surprises many people who move to Florida from states where legal separation is common. In Florida, you're either married or divorced—there's no in-between legal status.

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Why Some Couples Want Legal Separation

Before exploring alternatives, it helps to understand why couples seek legal separation elsewhere:

• Religious beliefs prohibit divorce
• Health insurance — Staying married keeps spouse on insurance plan
• Military benefits — Certain benefits require 10+ years of marriage
• Social Security — Spousal benefits require 10+ years of marriage
• Not ready for divorce — Want time apart without finality
• Protecting assets — Want legal separation of finances
• Tax benefits — Filing jointly may have advantages
• Immigration status — Divorce may affect immigration proceedings

If any of these apply to you, there are alternatives in Florida.

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Alternative 1: Postnuptial Agreement

A postnuptial agreement (postnup) is a contract between married spouses that addresses:

• Division of property if you later divorce
• Who pays which debts
• Spousal support (alimony) terms
• Financial responsibilities during the marriage
• How to handle specific assets

What a Postnup CAN Do:

• Establish separate property rights
• Protect assets acquired after signing
• Set alimony terms in advance
• Define financial responsibilities
• Create rules for separate bank accounts
• Address inheritance rights

What a Postnup CANNOT Do:

• Create a "legally separated" status
• Establish child custody or support (these require court involvement)
• Be enforced by creditors (your agreement is between spouses only)
• Override federal benefit rules (like Social Security or military benefits)

Cost: Our postnuptial agreement service is $995 and includes a comprehensive agreement tailored to your situation.

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Alternative 2: Petition for Support (Separate Maintenance)

Florida Statute 61.09 allows a spouse to petition for support without filing for divorce. This is sometimes called "separate maintenance."

How It Works:

What You Can Get:

• Temporary financial support
• Court-ordered payments from your spouse
• Help with bills and living expenses

Limitations:

• No property division — You're still married, so no equitable distribution
• No custody determination — Would need separate paternity/custody action
• Rarely used — Most people in this situation simply file for divorce

This option exists but is uncommon. If you need court involvement for financial support, divorce proceedings typically make more sense.

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Alternative 3: Informal Separation

Many Florida couples simply live separately without any legal filing. This is sometimes called a "trial separation."

Benefits:

• No court involvement
• No legal fees
• Maximum flexibility
• Can reconcile easily
• Privacy maintained

Risks:

• No legal protections — No court orders for support
• Joint liability continues — Both spouses liable for debts incurred
• No property protection — Assets acquired are still marital property
• No custody orders — No enforceable parenting arrangement

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Important: 10-Year Marriage Threshold

If you're considering alternatives to divorce, be aware of the 10-year rule for certain benefits:

Social Security Spousal Benefits

• Marriage must last 10+ years to claim benefits on ex-spouse's record
• If divorced before 10 years, no spousal Social Security benefits

Military Benefits (20/20/20 Rule)

• Marriage must overlap 20+ years with military service
• If divorced before meeting this threshold, lose certain benefits

Strategy: If you're at 8 or 9 years of marriage and considering divorce, staying married until the 10-year mark may be financially significant.

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Summary: Your Options in Florida

The bottom line: Florida doesn't have legal separation, but you have alternatives. The right choice depends on why you want to separate and what protections you need.