Actually, in Florida, you can’t file for a legal separation. Florida is one of a handful of states that doesn’t recognize legal separation. However, there are other ways that you can achieve a solution similar to a legal separation, without actually legally separating.
In the states that allow legal separation, spouses who are legally separated are living separately, but remain married. In those states, court will approve separation agreements that will resolve spouses’ rights on issues like alimony, child support and child custody.
Many people will choose to legally separate rather than divorce for various reasons, such as a trial separation, because of religious beliefs that prevent or discourage divorce, or in order to keep health insurance benefits.
Because you can’t legally separate in Florida, you must take other steps to achieve similar results. You may enter into a separation agreement. It would cover issues like child custody, alimony and child support.
It will not be approved by the court, but could help sort out sticky legal issues related to separation. You can also ask the court for child support and alimony if your spouse has left the marital home, but hasn’t filed for divorce. This is done separately from a divorce.
Finally, you could enter into a contract with your spouse that would cover how certain issues would be handled in the event of a divorce. This type of agreement is called a postnuptial agreement, because it’s entered into after a marriage has already occurred, as opposed to a prenuptial agreement, which is entered into before a marriage occurs.