Orlando Separation Agreement Lawyer

What Are Separation Agreements?

While Florida does not recognize “legal separation” in the way some states do, couples who are separated can still create agreements that settle important aspects of their lives apart. Appropriately, this is called a separation agreement. It is a legally binding document that outlines the responsibilities and rights of each party during separation, addressing issues such as child custody, child support, alimony (spousal support), asset and debt division, and more.

Do you believe that a separation agreement may be appropriate for you? If so, contact Benjamin Law to learn more about these documents and how our team could help you establish one. Led by Attorney Nicole Benjamin, we provide highly personalized, compassionate legal services suited to our diverse clientele. 

To speak with an Orlando separation agreement lawyer, call (321) 473-6679 or connect with Benjamin Law online.

Why Would You Want to Create a Separation Agreement?

Separation agreements are appropriate for couples who wish to stay legally married but need clarity and structure as they live apart. Commonly, creating one of these agreements in lieu of divorce is ideal when: 

• Religious beliefs or cultural norms prohibit divorce
• You and your spouse are considering divorce but do not yet feel ready to file
• Your or your spouse will lose health insurance benefits or other financial stability if your marriage ends in a divorce

What Can You Include in a Separation Agreement?

As mentioned above, separation agreements can provide details about numerous matters, from child custody to property division. These documents are highly customizable, and you can include whatever provisions are necessary to meet your unique needs. 

Below are further details about some of the common issues that separation agreements can cover:

• Child custody and visitation schedules - If you have children, one of the most crucial things your separation agreement must accomplish is determining how custody and visitation will work. This may involve creating a schedule for when each parent will have physical custody of the child, as well as establishing rules and guidelines for communication among parents.
• Child support - In addition to outlining custody arrangements, your separation agreement may address child support payments. 
• Division of assets and debts - Your separation agreement should outline how these things will be split, considering factors like who brought what into the marriage and whether there was a prenuptial or postnuptial agreement.
• Alimony (spousal support) - Your separation agreement should address whether one spouse will pay the other support and how much. 
• Insurance coverage - If you have children, your separation agreement may also outline who will provide health insurance coverage for them. It can also determine if one spouse will continue to be covered under the other's insurance plan for a specified period.
• Housing arrangements - The agreement can address where each spouse will live during separation. This could include who will remain in the family home or if both spouses should find separate living arrangements.
• Mediation or arbitration provisions - Some couples include mediation or arbitration clauses in their separation agreements. These state that any disputes arising during the separation period must be resolved through these methods rather than going to court.