Can a spouse file for legal separation in the state of Florida? Not often can an attorney give a straight black and white answer, but this is easy. No. Florida is one of 6 states that do not recognize legal separation. It doesn’t end there though. Florida does have different ways to get relief without filing for divorce.

You can file a Petition for Alimony or Child support unconnected with a divorce.  (Pursuant to Florida Statute section 61.09) This allows the parties to appear before a court or by agreement and establish either alimony or child support without divorcing the parties. Why would someone do that? Typically, people may not want to divorce for financial, emotional or religious views. This action can in fact establish child support or alimony.

Another way to establish property rights or issues of support,they can enter into a post nuptial agreement. What is a post nuptial agreement? You may have heard of a pre-nup, or pre-nuptial agreement. A pre-nuptial is a binding contract entered into by two spouses before their marriage. It can protect one or both spouses property in the event that the marriage ends in divorce. A post-nuptial agreement can do the same thing, but it is an agreement entered into after the marriage.

I did say I could give a straight answer, but I guess not. In law there are almost always exceptions to the general rule.