![Download Florida Marital Separation Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
The Florida marital separation agreement form is a legal document designed to assist married couples in the separation process without the need for legal representation. This agreement should address all relevant matters for the separation process.
The main difference between separation and divorce is that divorce ends the marriage permanently, while with a separation agreement, spouses stay married.
Is a Separation Agreement Legal in Florida?
Yes, a separation agreement is legal in Florida, but it will not be used in court in the divorce process because Florida does not recognize legal separation.
Laws and Legal Requirements for a Marital Separation Agreement in Florida
The laws and legal requirements for marital separation agreements in Florida give us insight into the options and solutions for married couples if they want to live separate lives.
Since Florida does not recognize legal separation, all separation agreements prior to divorce will be subject to revision by the court. However, there are other ways for a spouse to exercise their rights.
Sections 61.09 and 61.10 of the Florida Statutes state that one spouse can “petition for support,” and the court can grant child support, alimony, and parenting time without divorce.
Signing Requirements for a Marital Separation Agreement in Florida
Signing requirements for marital separation in Florida stipulate that both parties must willingly sign the document in writing. The notary public may be present when signing the separation agreement form to add more security, but it is not necessary.
What Does a Marital Separation Agreement in Florida Cover?
A marital separation agreement in Florida covers a few subjects that will define the obligations and rights of both parties.
Some of them that should be included in the separation agreement template are:
Marital Separation Agreement Coverage
Child support arrangements. Used for determining an amount to be paid for child support.
Parental plan. Includes custody issues, visitation rights, or travel rules.
Division of assets and debts. Used for dividing marital property.
Spousal support. Outlines the amount to pay in case the spouse was financially dependent during the marriage.
It is important to notice that every agreement will be revised by a court in the divorce process, so the terms of the agreement may change after a court ruling. A premarital agreement and a petition for support can address the majority of important issues.