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Legal Separation

Legal Separation

There are many cases in which legal separation can be more beneficial than divorce. While many states recognize legal separation, Florida does not. Whether you and your spouse simply need a cooling off period or want to protect your family structure, legal separation can be a very appealing option.

So what steps should you take if you want a legal separation in Florida? First, you should talk with our divorce lawyers at Copus & Copus. While the state doesn’t technically offer legal separation, there are many other legal options that can be used to obtain similar results.

Difference Between Divorce & Legal Separation

When a couple decides to file for divorce, they are taking steps to essentially terminate their marriage. Legal separation, on the other hand, allows a couple to live separately and protect their own assets while still remaining married and enjoying the many benefits that come from a legal union. Similar to a divorce, the court or legal representatives can help a couple negotiate child custody, alimony, and child support.

Other benefits that legal separation offers include:

  • Protects religious reputation or beliefs
  • Allows spouses to maintain health insurance
  • Gives them a trial period of separation
  • Protects Social Security and pension benefits

If you believe that a separation may be better for you and your spouse than a divorce, be sure to contact our office today for counsel.

What are my alternatives to legal separation?

While Florida does not allow for couples to legally separate, that does not mean couples cannot utilize alternative options. There are several types of legal agreements that can be created to provide the same benefits of a legal separation. These can help minimize stress and confusion while a couple lives apart.

You can use a separation agreement, which is not monitored or approved by the court, to create a legal contract between you and your spouse. A petition for support can also be used to obtain child support or alimony, if needed. Another document that can allow for division of property prior to a divorce is a post-nuptial agreement. One or all of these documents can be used to reach a “legal separation” between you and your spouse.

Contact our firm today.

No matter what type of legal agreement you and your spouse are looking for, be sure to talk with our firm today. Call now at 850-659-2230 to schedule your initial consultation.

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8.6Jennifer Hanson Copus
Office Location
  • Fort Walton Beach Office
    25 Walter Martin Road, Suite 200
    Fort Walton Beach, Florida 32548
    Phone: 850-609-1433
    Fax: 850-609-1503