Alternatives to Legal Separation in Florida

If you and your spouse really want to split up, but are prevented from getting a divorce due to religious, financial, or insurance reasons, perhaps you’d like to think about getting a legal separation in order to live apart while remaining legally married.  But alas, Florida is one of a minority of states in this country that don’t allow a traditional legal separation.  What are your options now?

Exploring the Alternative 

If you have unique reasons that they wish to remain married (perhaps you foresee a potential reunion down the road?), probably the easiest way to achieve your goals is to create a postnuptial agreement. It essentially mirrors what other states call a legal separation, where couples lay out the expectations going forward.  There are clear benefits to this arrangement over a divorce:

• A spouse who might otherwise be uninsured can remain on the working spouse’s health insurance policy and/or continue to receive military benefits;
• The legal rights for both individuals associated with being next of kin should there be an accident or death can remain intact;
• Matters such as property division, custody and visitation, and support can be negotiated, and, though requiring a little more paperwork, achieve the same outcomes as those achieved in a divorce.

The Drawbacks 

Perhaps the most disadvantageous aspect of this type of agreement is that neither partner can legally marry someone else because they are still legally married to one another. For someone who wants to start over in life, that can make dating complicated. Additionally, if the couple does eventually decide to divorce, most of the paperwork will have to be redone, since the agreements won’t necessarily carry over.

Speaking of Dating… 

Anyone who chooses to date while still legally married should be aware of the risks associated with it.  In general, it could cause tension in your relationship with your spouse. Presumably you remained married for a reason; provoking your partner could lead to resentments, and that could mean trouble when it comes to your current agreements, as well as to future agreements.  In particular, it could be an issue that is considered by a judge when discussions of child custody and visitation are underway. You could be accused of putting your children in an unsafe or unsavory situation, and it’s possible the judge would buy it.  All in all, it can be tricky to both rely on and embarrass or anger a spouse.  The costs could come in time, money, and comfort.

Your Legal Advocate 

If you are considering living separately from your spouse, the dedicated, experienced Boca Raton family law attorneys at WiseLieberman can help.  We understand the complexities associated with any legal endeavor and are committed to making the experience as smooth and easy as possible, advocating for best outcomes for you at all times. To discuss your circumstances, schedule a confidential consultation in our Springfield office today.

Source:

metlife.com/stories/legal/what-is-a-postnup/