Legal Separation

Thinking about a legal separation but not sure where to start? You’re not alone. In Fort Myers, many couples are weighing their options before committing to a divorce. But here’s the catch: Florida law doesn’t officially recognize legal separation like other states. So, what can you do? The answer lies in a Marital Settlement Agreement (MSA). This legally binding document allows couples to address critical issues like property division, alimony, and child custody—without officially filing for divorce.

Here’s what you need to know about handling legal separation in Fort Myers, and why getting expert guidance is essential.

1. Is Legal Separation Recognized in Florida?

No. Florida is one of the few states that does not offer an official legal status for separation. But don’t worry—there’s a workaround. Couples who want to live separately without immediately pursuing a divorce can establish a Marital Settlement Agreement (MSA), under Florida Statute 61.075, which addresses equitable distribution of assets and liabilities.

An MSA is more than just a piece of paper. It defines your financial and parental responsibilities clearly, allowing both parties to live separately without the full legal commitment of a divorce. Florida courts respect these agreements as long as they adhere to state laws, particularly concerning property and children.

2. How Are Property and Assets Divided?

When you separate, dividing assets can feel like an impossible task. Fortunately, Florida law uses the equitable distribution rule as outlined in Florida Statute 61.075. This means that assets acquired during the marriage will be divided equitably (fairly)—but not necessarily equally.

What’s considered fair? The court will look at factors such as each spouse’s financial status, the length of the marriage, and contributions made to the marriage (including non-monetary contributions like childcare). This is where things get tricky—don’t leave room for disputes. An experienced attorney can help ensure that everything from real estate to retirement accounts is handled with clarity and precision.

3. What About Child Custody and Support?

When kids are involved, everything becomes more complex. Florida courts prioritize the best interests of the child as outlined in Florida Statute 61.13. This means your separation agreement must include a Parenting Plan that clearly details custody arrangements, visitation schedules, and decision-making responsibilities.

The court requires both parents to stay involved in the child’s life. In fact, any attempt by one parent to restrict access can backfire. You’ll also need to address child support. Florida’s child support guidelines (found in Florida Statute 61.30) ensure that both parents contribute financially, even when living apart. This ensures the child’s standard of living doesn’t suffer as a result of the separation.

4. How Does Alimony Work During Separation?

Alimony, or spousal support, is a key consideration during any separation. According to Florida Statute 61.08, alimony can be awarded based on one spouse’s financial need and the other’s ability to pay. Even in separation (not just divorce), a judge may award temporary alimony to ensure the dependent spouse maintains financial stability.

Types of alimony can range from temporary (support provided during the separation process) to permanent (long-term support after the separation agreement is finalized). The specifics depend on your marriage length, financial situations, and the contributions each spouse made.

5. Do We Need to Go to Court for a Legal Separation?

Not necessarily. If both parties agree on the terms of the Marital Settlement Agreement, the court’s role is minimal. You’ll only need court approval when the MSA involves child custody or child support, to ensure compliance with Florida law.

However, if disagreements arise, a judge may need to step in to settle disputes. In contentious separations, mediation can be a powerful tool. Florida courts often recommend mediation to resolve conflicts before taking it to trial. With the right legal team, many couples can avoid the stress and cost of lengthy courtroom battles.

Ready to Take the Next Step?

Legal separation in Florida may not be formally recognized, but with a well-crafted Marital Settlement Agreement, you can still create a secure future for yourself and your family. Whether it’s dividing assets or ensuring a stable custody arrangement, you need a clear plan that protects your interests.

At Bergermann Law Firm, we’re here to help. Our experienced team understands the nuances of family law in Fort Myers and can guide you through every step of the process. Don’t leave anything to chance—schedule your consultation today. Let’s create a plan that works for you.