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If you and your spouse have decided to separate and are contemplating divorce, you need a written separation agreement. This legal document, formalized by an Orlando separation attorney, will spell out your new financial and living arrangements. It should also outline how your assets will be divided as well as your debts. Finally, it encompasses important decisions regarding any children you have.
What Does Legal Separation Mean in Florida?
Despite the common use of the term “legal separation,” separation is not recognized as a legal status between two people in Florida. You and your spouse are either married or divorced. And a separation agreement doesn’t end a marriage.
However, if you eventually proceed with a divorce, that separation agreement can serve as the foundation of the divorce order by a judge. For that reason, a separation agreement is not something to be taken lightly or prepared on your own. You’ll want to have an experienced Orlando separation attorney to assist in its creation.
Is Florida a Joint Property State?
No, Florida is not considered a joint, or community, property state. Instead, the division of property is based on an equitable distribution. This means that your property will not necessarily be shared equally, but rather in a manner that the judge finds fair.
Potential Factors That a Judge May Consider When Distributing Property, Include:
- How long the individuals have been married
- If there are any children living within the home
- The income of each spouse, as well as any debts, assets, or earning potential
It’s important to note that in Florida, courts will look at marital vs. separate property. However, as that can become a complex matter, it’s best to consult with a separation and property division attorney in Orlando.
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