In Florida, many married couples choose to live separately under the same roof before filing for divorce. With this arrangement (often called in-home separation), spouses can live separate lives within the same household while preserving their right to pursue divorce later.
While these arrangements may make sense in principle, they pose particular challenges in Florida if the matter later results in divorce. Keep reading to learn more about how in-home separation fits into the divorce process in Florida, as well as some considerations for living together while separated.
Separation in the Florida Divorce Process
Florida does not officially recognize legal separation, and courts will not declare that a couple is separated. Instead, couples are considered either married or divorced.
That said, Florida law does not require spouses to live apart before filing for divorce. A couple may live together or separately while still legally married, and either spouse may file for divorce at any time.
Living under the same roof does not prevent a spouse from claiming the marriage is irretrievably broken, which is one of the potential grounds for a no-fault divorce in Florida. There is no requirement to prove wrongdoing or a specific period of separation.
Potential Considerations for In-Home Separation
Couples may opt for in-home separation for many practical reasons, including:
- Financial challenges that make maintaining two households difficult
- A desire to minimize disruption for children
- Health insurance or other benefits tied to the marriage
- A trial period to assess whether reconciliation is possible
Because there is no formal legal separation, couples often benefit from setting clear expectations during in-home separation.
This may include:
- Written agreements regarding expenses, parenting responsibilities, or both
- Physical separation of bedrooms
- Clear communication about the status of the relationship
While informal agreements may not be binding, they can reduce misunderstandings. There are a few other important factors to consider before starting an in-home separation, including financial issues, effects on property division, and parenting arrangements.
Financial Issues During In-Home Separation
One of the most significant concerns during in-home separation is how finances are handled.
While still married, spouses may take practical steps to distinguish their finances, such as:
- Maintaining separate bank accounts
- Dividing responsibility for household expenses
- Avoiding new joint debt
- Documenting who pays which bills
These arrangements may affect property division later on.
Can In-Home Separation Affect Property Division?
Florida follows the principle of equitable distribution, meaning marital assets and debts are divided fairly, though not always equally. Generally, assets acquired and income earned during the marriage are considered marital until the date of divorce filing.
Living separately under one roof does not automatically convert marital property into separate property. However, actions taken during in-home separation, such as offloading assets or incurring unnecessary debt, may be scrutinized by the court.
Parenting During In-Home Separation
For couples with children, in-home separation can be especially challenging. Even while sharing a home, parents may begin handling different schedules, meals, or routines. Florida courts focus on the best interests of the child.
Informal arrangements made during in-home separation may later influence:
- Parenting plans
- Time-sharing schedules
- Decision-making authority
Consistency and cooperation during this period can be helpful if custody issues arise in a later divorce.
Contact an Experienced Orlando Divorce Lawyer at Conti Moore Law Divorce Lawyers, PLLC for Help Understanding Your Rights
In-home separation can feel informal, but it can have lasting legal consequences. Before agreeing to an in-home separation, you should consult with a lawyer for help understanding your rights. Your attorney can help you determine whether in-home separation is possible or whether filing for divorce is the better path forward.
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
