There is no legal separation in Florida. A separation
agreement can be done but it is not considered a legal separation.
There is a Florida Substitute to Filing for Legal Separation
•You can petition the court for child support
during a marital separation
•In some cases, you can petition the court for alimony
during a marital separation. This type of temporary alimony award seems to be extremely rare.
If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support or who has custody of the child or with whom the child has primary residence may apply to the court for alimony and for support for the child without seeking dissolution of marriage
, and the court shall enter an order as it deems just and proper.
The courts will usually be willing to enter an order requiring child support. There is a strong public policy in Florida requiring parents to support their children. Alimony is more difficult to get - without a divorce
proceeding. If you need alimony and the factors are in your favor - you should go ahead and get a divorce. Alimony is always easiest to get as part of a divorce.
This is accomplished by filing a petition for child support against the other parent. This type of lawsuit is filed in the same court and before the same judge as a divorce action.