Alternatives to Legal Separation in Florida
Florida has lots of things that are rare, if not nonexistent, in other states, and perhaps anywhere else in the world. For example, South Florida is the only place on Earth that is home to both a native species of alligator and a native species of crocodile. It is also one of very few states where you can get a driver’s license without demonstrating your ability to parallel park, which is a testament to the ubiquity of parking lots in the Sunshine State. As for family law, Florida is among the majority of states in that its divorce courts divide marital property according to the rule of equitable distribution; in other words, fair does not always mean equal in Florida. It is one of only six states, however, that does not issue legal separations. In most states, couples can get a legal separation, which is where they remain legally married, but a court order divides the couple’s property and parenting time, as in a divorce. A Boca Raton prenuptial and postnuptial agreement lawyer can help you if you want to live separately from your spouse and separate your finances without officially getting divorced.
Floridians Can Get a Postnuptial Agreement to Accomplish What Couples in Other States Do With a Legal Separation
Couples choose legal separation because they want to break off the financial partnership between spouses while remaining legally married. They might choose this option because of religious beliefs about the permanence of marriage or because they don’t want to lose access to their spouse’s insurance benefits. Even though Floridians cannot get a legal separation, they can still legally separate their marital property by signing a postnuptial agreement. Couples can set the terms of a postnup to do almost anything they choose. If you want your postnup to function like a legal separation, then itemize each item of property as belonging to one spouse or the other, and do the same for debt obligations. Indicate that any property acquired or debts incurred by either spouse in the future will be the separate property or debt of the spouse who acquired or borrowed them.
For purposes of estate law, couples who are married but legally separated, or “Florida legally separated” with a postnup, still count as 100 percent married. That means that, even if you have a will, your spouse, separated as you may be, can claim an elective share of your estate. If you don’t want this to happen, include a provision in your postnup where each spouse waives his or her right to an elective share of the other’s estate.
Can You Get Alimony and Child Support If You Are Still Legally Married?
In Florida, you can still request a parenting plan if you and your spouse are living separately but are not divorce, just like you can if you and your ex-partner were never legally married. As for a substitute for alimony, you can file a Petition for Support Unconnected with Dissolution.
Contact Schwartz | White About Legal Separation Workarounds
A South Florida family law attorney can help you separate your marital property without legally dissolving your marriage. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
forbes.com/advisor/legal/divorce/florida-legal-separation/
