Separation Vs. Divorce

Ending your marriage is hard, no matter your situation.

Maybe you asked for a divorce, but you’re conflicted because you don’t want your children to suffer. You want to make the right decision for your kids and yourself.

After you’ve given your spouse some time to consider your request, they ask you for a separation instead.

In your head, divorce and separation are the same. In reality, they are two different options.

Florida family law does not recognize the types of “legal” separation that other states do. There is no petition or form that can be filed that will allow spouses to be legally or financially separated without going through a divorce.

While spouses can live apart, their marital status remains the same unless they decide to get a formal divorce.

Before blindly deciding to separate instead of getting a divorce, knowing each option is essential. Understanding the difference between separations and divorces can help you make the best decision for yourself, your spouse, and the rest of your family.

Separating from your spouse is complex and life-changing. During this stage of your life, you need a reliable divorce lawyer to help protect your rights and guide you through this process.

The Vasquez de Lara Law Group team understands the logistical and emotional difficulties of divorce. We’re here for you every step of the way. Our goal is to provide you with the best service and to help you achieve your desired outcome from your divorce.

If you or someone you know is experiencing a divorce in Miami, call the Vasquez de Lara Law Group today to schedule a free consultation.

What is a Separation?

A separation is when you stop your marriage without formally ending it. In many cases, the spouses move away from each other. They may start seeing new people or exploring different parts of their lives they couldn’t before. It’s important to note that in Florida, any time you are separated, you’re still considered married. Therefore all income, all debts, and all actions taken are still considered marital.

While not required in Florida, a separation agreement can help you and your estranged spouse outline property ownership, financial agreements, and arrangements for your children.

You and your spouse can write the agreement on your own, but it’s best practice to work with a divorce attorney as soon as possible after making a major family change like separation or divorce. You don’t know what you don’t know. So preparing an agreement without legal advice can seriously harm you and your children in the long run.

Legal documents can be complicated, so a lawyer can help you craft an agreement that works for you and your spouse.

Separation Vs. Divorce

The main difference between separation and divorce is that a divorce ends your marriage. Another way to look at it is that, with a separation, you maintain your current marital status.

The only way you can legally get remarried is if you end your current marriage through divorce. Divorces cannot be undone unless you remarry, but you can easily reverse your separation if you and your spouse decide to give your marriage another try.

Here are some other ways that separation and divorce differ:

• Health care: With a separation, you still share health care and other benefits with your spouse, while with divorce, these benefits end.
• Decision-making rights: While separated, you can still make medical or financial decisions for your spouse, but this stops once you’re divorced.
• Property rights: If you’re divorced, you no longer have property rights after your spouse dies; you keep these rights while separated. Divorce also requires deciding on how to divide marital property.

While separation and divorce are different, they have similar processes. For example, you should create an agreement on property, finances, spousal support, child support agreement , and child custody. The agreement does not get filed in court in a separation until you actually go forward with your divorce.

Reasons for a Separation

Take a look at some reasons why you might choose a separation over a divorce:

• You’re unsure about divorce, or you have hopes of reconciling
• You want to maintain health care, social security, or tax benefits
• You can’t get divorced for religious reasons

Why You Might Choose a Divorce

Here are some considerations for getting divorced:

• You want to get remarried or date other people
• You want to stop all connections with your spouse
• You’re sure counseling or time apart won’t solve your issues

Have More Questions? Call a Divorce Attorney

Going through the divorce process or a separation can be uncertain. You’re unsure what to do or how to solve your legal issues with your spouse. All you want is to make the process as simple as possible.

We want to help you navigate your divorce at Vasquez de Lara Law Group. We work for you and your best interests.

Call us today to schedule a free case review.

Frequently Asked Questions About Separation

Is legal separation recognized in Florida?

No. Florida does not recognize legal separation as a marital status. Couples who wish to live apart can use practical tools such as a postnuptial agreement, a petition for support unconnected with dissolution, and, when appropriate, a parenting plan or a domestic violence injunction to address finances, parenting, and safety while still married.

Can we get child support or a parenting plan without filing for divorce?

Yes. A spouse may file for alimony or child support unconnected with dissolution under section 61.09. Courts may also establish a parenting plan/time-sharing for spouses living apart, guided by the child’s best interests. If you are living apart and need to understand what financial obligations may look like, you can calculate child support in Florida using our online tool to estimate potential payments under state guidelines.

Should I move out if we are separating?

There is no legal requirement to move out. If safety is an issue, seek help immediately and consider an injunction for protection. Otherwise, speak with a lawyer before moving because it can affect short-term logistics like access to belongings, temporary support, and parenting schedules. You can also request temporary relief orders to set a short-term plan while you decide next steps.

What if I want a separation and my spouse wants a divorce?

You cannot force a legal “separation” in place of a divorce. If your spouse files, the case proceeds through disclosure, mediation, and, if needed, a hearing. You can still use temporary orders and settlement tools to manage parenting, support, and property while the case is pending.