Florida Doesn’t Recognize Legal Separation — Here's What You Need to Know

Think You're "Legally Separated" in Florida? Think Again. Here's What That Really Means for You.

When couples hit a rough patch, some decide to separate for a while. Maybe you’ve moved out, split the bills, or even agreed to see other people. But if you think you're “legally separated” in Florida — we’ve got to talk.

Florida doesn’t recognize legal separation. That means no matter how “separate” your lives feel, if you’re still legally married, you’re still legally tied together in the eyes of the law.

What That Means for Your Money, Property, and Rights

Here’s where it gets real: Florida law still treats you as a married couple — and that has serious legal consequences.

• Assets and debts are still shared. Even if you live apart, anything earned, bought, or borrowed during the separation can still be considered marital property or debt.

• Your income may still be on the table. If one spouse earns significantly more, that can factor into spousal support or property division later.

• Your spouse could inherit everything. Unless you’ve updated your estate plan or filed for divorce, your soon-to-be-ex might still have a right to your estate if something happens to you.

• They can still make medical decisions for you. Without a divorce or clear legal documents (like a healthcare surrogate), your estranged spouse may still be your default decision-maker in an emergency.

  
  

So What Are Your Options?

If you're ready to end the marriage, the cleanest and most protective step is to file for divorce. For many couples, an uncontested divorce — where both parties agree on key issues — is the most peaceful and affordable route.

Uncontested divorce lets you:

• Avoid court battles

• Split property fairly

• Create clear agreements on money and support

• Move forward without dragging things out

And when it’s done right, it can bring closure and peace — not courtroom drama.

an uncontested divorce is the most peaceful and affordable route.

Let’s Make This Easier

If you're separated but still legally married in Florida, it’s time to get clear on your rights and next steps. At Geffrard Law, we help people across Winter Haven, Polk County, and beyond navigate uncontested divorce with clarity and care.

📞 Call us at 863-535-5916 to talk through your options and find out how to make your next chapter a little smoother.