Separated Spouses May Receive Child Support and Custody under Florida Law without Divorce.
There is no legal separation in Florida. However, separated couples who are not divorced, or seeking a divorce, can establish custody and child support for their child(ren).
Child support and custody determinations for married couples under Florida Statute 61.10 are far less common than divorce actions, but I do see them in my practice from time to time. Here are some reasons spouses opt for this approach:
1) A couple has a religious prohibition against divorce;
2) The couple is separated currently, but they foresee getting back together after a period of time;
3) The couple may want to preserve insurance or other benefits.
Here are some cons of seeking a child support and custody determination without divorce:
1) A court cannot divide property or apportion debt outside a divorce action;
2) If the separated couple decides to divorce, they will need to pay an additional filing fee.
The Taylor Law Office
If you would like to speak to us about custody and child support without divorce, don’t hesitate to contact The Taylor Law Office for a free consultation.