What Is a Legal Separation Versus a Divorce?

If you’re thinking about taking a break from your marriage, you might be wondering: should we get a legal separation or go straight to divorce? While both options involve living apart, they come with key differences that can impact your finances, family, and future. In most states, a legal separation allows couples to live separately with court-approved agreements for things like child support, custody, and alimony without officially ending the marriage.

But here’s a twist: in Florida, there’s no such thing as a “legal separation.” That’s right—Florida law doesn’t offer (or require) a formal process for legal separation like some other states. The most similar solution that Florida offers is petitioning for “support unconnected with dissolution,” which allows a spouse to request things like child support or alimony without actually filing for divorce. It’s a way to get legal and financial protections while still remaining legally married.

So why might a couple choose separation over divorce? Some want time to heal or work things out without fully ending the marriage. Others may need to stay married for religious reasons or to keep certain benefits, like health insurance. Whatever the reason, it’s important to know your legal options. In Florida, that means thinking outside the traditional separation box.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.