Orlando Legal Separation Lawyer

Helping Couples Navigate Separation When Divorce Is Not the Immediate Choice

The Donna Hung Law Group practices family law in Orlando to support individuals and couples facing major transitions in their relationships. While Florida does not legally recognize “legal separation” in the same way some other states do, couples may still pursue structured, court-approved agreements that address finances, parenting, support, and living arrangements while remaining legally married. These arrangements function much like legal separation in other states and offer stability, clarity, and protection during a period of transition. Whether you are exploring separation as an alternative to divorce or need help formalizing an agreement, our attorneys are here to guide you.

Clients of the Donna Hung Law Group receive practical advice, compassionate support, and strong legal representation tailored to their unique needs. Our Orlando legal separation lawyers ensure that you understand your rights, the available options, and the steps required to protect your financial and parental interests during separation.

Understanding Legal Separation in Florida

Florida law does not have a formal process for “legal separation.” However, couples can still achieve the same protections and structure through:

• Postnuptial agreements
• Parenting plans
• Child support orders
• Alimony agreements
• Court actions for support unconnected with dissolution
• Temporary relief motions filed during separation
• Mediated settlement agreements

These tools allow couples to remain married while addressing important issues such as finances, parenting, and property.

Why Couples Choose Legal Separation

Couples pursue separation instead of divorce for many personal, financial, or practical reasons. Common motivations include:

• Desire to preserve health insurance coverage
• Religious or cultural beliefs
• Hope for reconciliation
• Financial benefits of remaining married
• Immigration considerations
• Need for space during marital conflict
• Protecting the children from abrupt change
• Avoiding the stress of divorce while resolving issues

Separation allows couples to create boundaries and plan for the future without immediately ending the marriage.

Legal Tools Used in Florida to Structure Separation

Although Florida lacks a formal legal separation statute, couples can use several legal mechanisms to formalize their separation.

Postnuptial Agreements

A postnuptial agreement can address:

• Division of assets and debts
• Spousal support obligations
• Property rights
• Financial responsibilities
• Expectations during separation

These agreements become enforceable contracts.

Parenting Plans

Parents who separate may establish:

• Time-sharing schedules
• Decision-making authority
• Communication guidelines
• Holiday and travel arrangements

Parenting plans are enforceable once approved by the court.

Child Support Orders

Parents may seek child support through:

• Administrative child support proceedings
• Court actions for support without filing for divorce

Support ensures the child’s needs are consistently met.

Alimony Without Divorce

Florida allows individuals to petition for alimony without dissolving the marriage. This is accomplished through:

• Petition for Support Unconnected with Dissolution of Marriage

This process lets spouses request:

• Temporary or permanent alimony
• Exclusive use of the marital home
• Parenting and support orders

Our attorneys help clients determine which legal tools are appropriate based on their circumstances.

Benefits of Legal Separation

A well-structured separation offers many advantages:

• Provides financial stability
• Protects parental rights
• Establishes clear expectations and boundaries
• Reduces conflict by formalizing responsibilities
• Protects marital assets from misuse
• Allows spouses time to decide their future
• Supports children with consistency and structure
• Addresses support needs without immediately pursuing divorce

Separation can be a stepping stone toward reconciliation or an organized transition to divorce.

Separation and Property Rights

During separation, issues can arise regarding:

• Payment of mortgages or rent
• Use of marital property
• Access to joint accounts
• Responsibility for debts
• Management of business interests

Our attorneys help spouses establish agreements that prevent financial disputes and protect individual interests.

Legal Separation and Child Custody

Parents who separate must address custody arrangements. Key elements include:

• Time-sharing schedules
• Parental responsibility (shared or sole)
• Schooling, medical, and religious decisions
• Child support
• Communication expectations

Courts prioritize the child’s best interests, just as they do in divorce cases.

Legal Separation and Alimony

Even without divorce, a spouse may be entitled to alimony. Courts consider:

• Length of the marriage
• Standard of living
• Financial resources of each spouse
• Earning capacity and employability
• Health and age
• Contributions to the marriage

We help clients pursue or defend spousal support requests during separation.

What Happens If the Couple Later Divorces?

Many couples choose separation first and later decide to divorce. In these cases:

• Postnuptial agreements may control property division
• Parenting plans can be incorporated into the divorce judgment
• Support orders remain relevant
• Temporary arrangements may become permanent

Separation often helps streamline the eventual divorce process.

When Reconciliation Occurs

Some couples use separation to gain clarity and strengthen their marriage. If reconciliation occurs:

• Postnuptial agreements may still remain valid
• Parenting plans can continue if appropriate
• Support orders can be modified or dismissed

Our attorneys help couples update or unwind separation agreements when reconciliation is successful.

Challenges in Legal Separation

Separation may create complications such as:

• Disputes over financial responsibilities
• Concerns about asset dissipation
• Challenges in maintaining two households
• Custody disagreements
• Difficulty coordinating parenting schedules
• Misunderstandings about legal rights

We help clients resolve disputes and maintain clarity throughout their separation.

The Legal Separation Process in Florida

Although Florida does not formally recognize legal separation, couples can create enforceable arrangements through legal steps.

Consultation and Planning

The first step is identifying the goals of separation and the legal tools needed.

Drafting Agreements

Agreements may include financial terms, support provisions, parenting plans, and property arrangements.

Filing Actions for Support or Parenting

When court approval is needed, petitions may be filed requesting:

• Child support
• Alimony
• Parenting plans
• Exclusive use of the marital home

Mediation

Many couples use mediation to negotiate separation terms.

Finalizing Agreements

Once approved by the court, agreements become enforceable.

Comprehensive Orlando Family Law Practice

The Donna Hung Law Group handles a full range of family law matters related to separation, including:

• Postnuptial agreements
• Parenting plans and time-sharing
• Child support and alimony
• Temporary relief actions
• Domestic violence injunctions
• Paternity matters
• Divorce filings and modification
• Mediation and settlement negotiations

Our attorneys ensure your separation is structured, protective, and legally sound.

Orlando Family Courthouse Information

Actions related to separation—such as support, parenting, or temporary relief—are handled at the Ninth Judicial Circuit Court of Florida.

Orange County Courthouse
425 N. Orange Avenue
Orlando, FL 32801
Phone: (407) 836-2000
Website: www.ninthcircuit.org

Cases may involve hearings, mediation, or judicial review.

Orlando Legal Separation FAQs

Does Florida recognize legal separation?

Not formally, but couples can create legally binding agreements that function like separation.

Can I receive alimony without divorcing?

Yes. Florida allows petitions for support unconnected with dissolution.

How do we separate property during separation?

Through agreements such as postnuptial contracts or mediated settlements.

Can we create a parenting plan without divorcing?

Yes. Courts may approve parenting plans for separated parents.

What if we later decide to divorce?

Separation agreements can be incorporated into or influence the divorce judgment.

Serving Throughout Orlando

• Baldwin Park
• College Park
• Lake Nona
• Winter Park
• Thornton Park
• Dr. Phillips
• MetroWest
• Hunters Creek
• Avalon Park
• Windermere
• Celebration
• Waterford Lakes
• Mills 50 District
• Audubon Park
• Conway
• South Eola
• Bay Hill
• Lake Como
• Lake Mary
• Vista Lakes

Orlando Legal Separation Lawyers Here for You When You Need Us

At the Donna Hung Law Group, we understand that separation is often an emotionally difficult and deeply personal decision. Whether you see separation as a path toward reconciliation or a step toward divorce, our attorneys help you create a structured, enforceable plan that protects your rights and supports your family’s needs. With skilled guidance and compassionate support, we help you navigate this transition with confidence and stability.

Call the Donna Hung Law Group at 407-999-0099 to schedule a confidential consultation and discuss your separation options.