Separation Agreements

Separation and divorce are complex, emotional issues. If you and your spouse are going through a separation, or if you are thinking about separating from your spouse, you may want to speak with an attorney to make sure you do everything properly, should you decide to divorce.

The State of Florida does not have an actual law pertaining to the separation of spouses, but does address the circumstances of spousal and child support, child custody, primary residence of the child, and child visitation when the spouses no longer live together.

Florida law 61.10 adjudicates what should be done in regards to the financial support of a spouse or minor child when the parents no longer live together but are not legally divorced. The law also addresses plans for parenting.

Even though the State of Florida has no laws regarding legal separation per se, it is best to have a written agreement regarding separation when it comes to:

  • Which spouse, if either, is responsible for financially supporting the other spouse and the dependent child
  • How much money one spouse should pay the other
  • How much money should be provided for the child
  • Which spouse the child will live with
  • Who has primary custody of the child
  • Visitation rights of the non-custodial parent

Child Custody

When determining child custody, the courts in Florida prefer joint custody. In general, the father of the child will be given the same consideration as the mother in deciding which parent the child will live with, regardless of the child's age or sex. Sometimes, the court will decide that rotating custody is in the best interest of the child.

A written agreement helps to prevent misunderstandings between the spouses. It can also serve as a basis for discussion if the couple decides to proceed to a divorce.

To help you with writing a separation agreement that complies with law 61.10, it is best to seek the advice of a family law attorney to ensure that the agreement is written clearly, covers all that it needs to, has no discrepancies or contradictions and represents your best interests.

Contact an Orlando Family Law Attorney

At such an emotional and difficult time in your life, it may not be easy to keep your thoughts and interests clear. Our Florida family law lawyers will be compassionate of your circumstances and will look out for the best interests of you and your child. To schedule a consultation to discuss your circumstances, please contact us today.