Legal Question in Family Law in Florida
legal separation
if a couple came to agreeable terms for legal separation
1. can the same terms be implemented into the actual divorce?
2. is there a time limit on legal separation?
3. does a higher wage earner spouse after a 25 year long marriage have to pay alimony to maintain the other spouse reasonable same lifestyle?
4. do taxes have to filed jointly if separated and not divorced?
3 Answers from Attorneys
Re: legal separation
Florida has no such thing as legal separation.
Re: legal separation
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Florida does not require nor have legal separations. Any terms that the parties agree upon can be incorporated into a Marital Settlement Agreement.
The spouse earning the higher salary is often required to pay alimony to the other spouse to sustain a a similar lifestyle although it is recognized that both parties will have to make adjustments because two people cannot maintain two separate households as economically as one household together.
Taxes can often be filed as married filing separately. I would consult an accountant on this issue, however.
Scott R. Jay, Esq.
Re: legal separation
1. Yes. 2. No legal separation in Florida. 3. Likely. 4. No.