Legal Question in Family Law in Florida

Re: separation

If the house is his, he will get it in the equitable distribution of property as individual property (as opposed to marital property). Your leaving the house is irrelevant to who is entitled to it. Depending on the alternatives for concerning your son, the court may let you have exclusive possession of it if you have primary custody. But, given your son's age (he has not been accustomed to a lifestyle in that home), I doubt that this would trump your husband's ownership.

Re: separation

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Leaving the house will not be considered abandonment. The parties can agree to any terms that they believe are fair except child support which must be based on the Florida statutory guidelines. Florida does not require or have a legal separation. At this point (and until you decide to file for divorce), there is nothing legally to do unless you want to file legally for child support if you think your husband will not provide for the child.

Scott R. Jay, Esq.