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Tampa Family Lawyer > Blog > Divorce > Legal Agreements For Separated Couples Who Remain Married

Legal Agreements For Separated Couples Who Remain Married


Sometimes, couples just need a breather from one another. They don’t necessarily want to end their marriage, but they make the decision to live apart indefinitely. In that case, it helps to have a Tampa, FL divorce lawyer look over any agreements that you put into place. Talking to a family attorney can help solidify agreements related to child support, alimony, and more.

Reasons for pursuing an indefinite separation 

The decision to live apart while remaining married has several advantages over getting a divorce. These include:

  • Establishing emotional space – Living separately may give both parties the emotional space they need to lead better lives. Ultimately, this is a personal decision and depends heavily on the emotional state of both parties.
  • Financial benefits – There are certain tax advantages and retirement benefits that come with marriage. These financial benefits are no longer accessible once a couple is divorced. A couple may choose to remain legally married based on these financial benefits.
  • Healthcare considerations – A divorced individual may lose access to healthcare benefits if they pursue a divorce. In some cases, couples can remain married but live separately in order to secure their healthcare coverage.
  • Parental concerns related to divorce – Some couples believe that remaining legally married has benefits for their children. In these cases, they may choose to separate and live apart while prioritizing the needs of their children. Remaining married may improve the children’s well-being and stability.
  • Religious or cultural beliefs – Some religions consider divorce to be sinful. In those cases, the couple may remain married but live separately in order to satisfy their own belief system.

Whatever your reasons are for living apart while remaining married, you will want a plan in place to ensure stability and predictability. You should discuss the matter with a Tampa, FL divorce lawyer to ensure that you have an actionable plan in place that outlines the responsibilities of both parties.

Unlike some states, Florida does not recognize legal separation. However, you can live separately from your spouse in the state while remaining married. These arrangements make sense when a couple isn’t sure if they want to go through a divorce or not. You are considered to be separated from your spouse when you and your spouse maintain separate residences, pay your own expenses, and do not mingle funds in a joint account.

Even though Florida does not have any specific procedure for legal separation, you can bring an action to obtain child support or spousal support without filing a petition to divorce. You must present evidence that your spouse is able to provide support for the children. Child support is often granted in the cases of separation whereas alimony is only rarely granted. You would need to get a divorce in order to be paid alimony.

Talk to a Tampa, FL Divorce Lawyer Today 

Faulkner Law Group, PLLC represents the interests of those pursuing a divorce in Tampa, Florida. Call our office today to schedule an appointment, and we can begin discussing your divorce right away.

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