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?


Asked on 2/17/07, 1:57 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: legal separation

Florida has no such thing as legal separation.

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Answered on 2/17/07, 3:05 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: legal separation

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 2/17/07, 7:02 pm
Michael Stewart Michael D. Stewart

Re: legal separation

1. Yes. 2. No legal separation in Florida. 3. Likely. 4. No.

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Answered on 2/17/07, 7:19 pm


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