Florida
Does Florida Allow Legal Separation? Support Without Divorce (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 15 primary sources cited on this page. How we verify our legal content
No Florida statute provides for a legal-separation decree. Fla. Stat. 61.031 says "No dissolution of marriage is from bed and board, but is from bonds of matrimony," so separated spouses in Florida stay married until a court dissolves the marriage. Florida does let a separated spouse ask a court for alimony, child support and a parenting plan without filing for divorce, under sections 61.09 and 61.10.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers separation under Florida Statutes chapter 61 (sections 61.031, 61.052, 61.075, 61.08, 61.09, 61.10 and 61.14) and the Florida Supreme Court approved Family Law Forms 12.904(a)(1), 12.904(a)(2) and 12.904(b). It does not cover how alimony or child support amounts are calculated, domestic-violence injunction procedure, or other states' law. For ending a marriage, see Florida divorce laws.
Does Florida have legal separation?
No Florida statute provides for a legal-separation decree. In the complete section lists of Florida Statutes chapter 61 Part I (sections 61.001 through 61.455) and chapter 741, the marriage chapter, none of the sections is a legal-separation action. This page does not cite a Florida court or self-help statement on the point, so this conclusion rests on the statutes themselves.
The closest statement in the code is section 61.031, which rules out a dissolution "from bed and board":
"No dissolution of marriage is from bed and board, but is from bonds of matrimony."
You stay married while separated in Florida
Moving out does not change your marital status. Under Fla. Stat. 61.052(4), it is a dissolution judgment that "shall result in each spouse having the status of being single and unmarried." Until then, a separated couple is still married.
Separation is also not a ground for divorce. Section 61.052(1) lists two grounds: that the marriage is irretrievably broken, or that one party has been adjudged mentally incapacitated for at least 3 years. Living apart for a set period is not one of them.
Support without divorce: Fla. Stat. 61.09 and 61.10
What Florida offers instead of a separation decree is a court order for support, and in some cases a parenting plan, while the spouses remain married.
Section 61.09, alimony and child support unconnected with dissolution. The statute provides:
"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 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."
Section 61.10, adjudication of support and a parenting plan. This section reaches further, because the court also sets up a parenting plan:
"Except when relief is afforded by some other pending civil action or proceeding, a spouse residing in this state apart from his or her spouse and minor child, whether or not such separation is through his or her fault, may obtain an adjudication of obligation to maintain the spouse and minor child, if any. The court shall adjudicate his or her financial obligations to the spouse and child and shall establish the parenting plan for the parties."
Two features stand out. Fault does not matter: section 61.10 applies "whether or not such separation is through his or her fault." And the statute is written for a spouse "residing in this state apart from" the other spouse; section 61.10 itself does not state a minimum period of residence. The six-month residency rule in section 61.021 is written for a dissolution of marriage.
For how Florida courts decide alimony, see Florida alimony laws. For child support amounts and parenting plans, see Florida child support laws and Florida child custody laws.
Court forms: Petition for Support Unconnected with Dissolution of Marriage
The Florida courts publish three Florida Supreme Court approved Family Law Forms for these cases:
| Form | Use |
|---|---|
| 12.904(a)(1) | Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren): alimony and child support only; its instructions say it cannot address parental responsibility and time-sharing |
| 12.904(a)(2) | Petition for Support and Parenting Plan Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren): support plus a Parenting Plan with a time-sharing schedule |
| 12.904(b) | Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren): alimony only |
The instructions for Form 12.904(b) explain its limits:
"This form may be used if a dissolution of marriage has not been filed, and you are requesting alimony... This petition does not address the issues of property or debts. It only deals with alimony."
The same instructions say that once a dissolution of marriage has been filed, a party should file a motion for temporary support in that case instead (Form 12.947(c) with no minor children; the 12.904(a)(1) and 12.904(a)(2) instructions point to Form 12.947(a) for cases with children).
What a support order does not do
A support case is not a divorce and does not divide property. Florida's equitable distribution statute, section 61.075, applies "In a proceeding for dissolution of marriage," and the Form 12.904(b) instructions say the support petition does not address property or debts. This page does not cover other ways separated spouses might resolve property, so ask a lawyer licensed in Florida about that.
A support case also does not lock you in. Section 61.10 provides that the action "does not preclude either party from maintaining any other proceeding under this chapter for other or additional relief at any time." Either spouse may later file for dissolution.
Separate maintenance in Florida
You may still see the phrase "separate maintenance" in Florida law. Section 61.14(1)(a), on modifying support, refers to support orders "whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement," and the wife in Sack v. Sack, 184 So. 2d 434 (Fla. 3d DCA 1966), filed a counterclaim for separate maintenance. Today, the support-without-dissolution route runs through sections 61.09 and 61.10 and the 12.904 forms described above.
Safety and protective orders
If separation involves abuse or threats, Florida chapter 741 includes section 741.30 on injunctions for protection against domestic violence. That is a protective tool, not a separation, and its procedure is outside the scope of this page.
Recent changes
Sections 61.031, 61.09 and 61.10 show no amendments between 2023 and 2026; their history lines end in 2008 or earlier. Florida's 2023 alimony law (chapter 2023-315, SB 1416) does reach these cases: Fla. Stat. 61.08(11) applies the alimony statute to initial petitions for support unconnected with dissolution of marriage pending or filed on or after July 1, 2023, and section 61.08(1)(a) lists temporary, bridge-the-gap, rehabilitative and durational alimony.
Disclaimer: This article provides general legal information about separation under Florida Statutes chapter 61. It is not legal advice. The information was verified on 2026-10-08 and the law can change. For advice about your situation, consult a lawyer licensed in Florida or review the Florida courts' Petition for Support Unconnected with Dissolution forms page.
Related
- Legal separation laws in every state
- Florida divorce laws
- Florida alimony laws
- Florida child custody laws
- Florida child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Is legal separation recognized in Florida?
No Florida statute provides for a legal-separation decree, and Fla. Stat. 61.031 says no dissolution of marriage is from bed and board. Spouses who separate remain married until a dissolution judgment.
Can I get spousal support in Florida without getting divorced?
Yes. Fla. Stat. 61.09 allows a spouse who is not receiving support to apply for alimony and child support without seeking dissolution of marriage, and the court enters an order it deems just and proper.
Can a Florida court set a parenting plan if we are separated but not divorcing?
Yes. In an action under Fla. Stat. 61.10, the court adjudicates the financial obligations to the spouse and child and establishes the parenting plan for the parties.
What form do I use to ask for support without a divorce in Florida?
With minor children, Family Law Form 12.904(a)(1) covers alimony and child support only, and Form 12.904(a)(2), the Petition for Support and Parenting Plan Unconnected with Dissolution of Marriage, is the version that also asks for a parenting plan. With no minor children, the form is 12.904(b).
Can we divide property in Florida without a divorce?
Not through the support petition: the Form 12.904(b) instructions say it does not address property or debts, and equitable distribution under Fla. Stat. 61.075 applies in a proceeding for dissolution of marriage. A Florida lawyer can explain other options.
Is being separated a ground for divorce in Florida?
No. Fla. Stat. 61.052(1) lists two grounds: the marriage is irretrievably broken, or one party has been adjudged mentally incapacitated for at least 3 years.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 61.10Adjudication of obligation to support spouse or minor child unconnected with dissolution; parenting plan.In force
Except when relief is afforded by some other pending civil action or proceeding, a spouse residing in this state apart from his or her spouse and minor child, whether or not such separation is through his or her fault, may obtain an adjudication of obligation to maintain the spouse and minor child, if any. The court shall adjudicate his or her financial obligations to the spouse and child and shall establish the parenting plan for the parties. Such an action does not preclude either party from maintaining any other proceeding under this chapter for other or additional relief at any time.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 61.09Alimony and child support unconnected with dissolution.In force
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 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.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 61.031Dissolution of marriage to be a vinculo.In force
No dissolution of marriage is from bed and board, but is from bonds of matrimony.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 61.14Enforcement and modification of support, maintenance, or alimony agreements or orders.In forcecited in 4 of our articles
(1)(a) When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court order to make any payments, and the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement or court order as described herein reaches majority after the execution of the agreement or the rendition of the order, either party may apply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered, for an order decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 175 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Posner v. Posner (Supreme Court of Florida 1970, 233 So. 2d 381)“…ttling the alimony and/or property rights of the parties. Section 61.14, Florida Statutes, F.S.A. (Ch. 16780, 1935) among other t…”
- Manganiello v. Manganiello (District Court of Appeal of Florida 1978, 359 So. 2d 26)“…ess the husband is able to show on a motion to modify under Section 61.14, Florida Statutes (1977), that the child has become marri…”
- Ispass v. Ispass (District Court of Appeal of Florida 2018, 243 So. 3d 453)“…that it lacked subject matter jurisdiction, reasoning that section 61.14, Florida Statutes (2003), allows the court to confirm or…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Child Support Laws (2026): Guidelines & Calculator, Florida Alimony Laws: Types, Duration, and the 2023 Reform (2026), Florida Prenuptial Agreement Laws: Requirements and Enforceability
§ 61.052Dissolution of marriage.In forcecited in 3 of our articles
(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:(a) The marriage is irretrievably broken. (b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 1999
Opinions citing this section in our collection:
- Fernandez v. Fernandez (Supreme Court of Florida 1995, 648 So. 2d 712)“…d jurisdiction. The motion alleged that the requirements of section 61.052, Florida Statutes (1991), were not satisfied because Mrs.…”
- Galbut v. Garfinkl (Supreme Court of Florida 1976, 340 So. 2d 470)“…Lippincott, Fla. App. 1973, 287 So.2d 144 . "Second, Fla. Stat. § 61.052 (2), F.S.A. clearly states that ` if, a…”
- Klarish v. Klarish (District Court of Appeal of Florida 1974, 296 So. 2d 497)“…v. Lippincott, Fla.App. 1973, 287 So.2d 144 . Second, Fla. Stat. § 61.052 (2), F.S.A. clearly states that "if, a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Divorce Laws (2026): Grounds, Residency, and Process, Florida Annulment Laws: Grounds, Case Law and How It Works (2026)
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Sources and References
- Fla. Stat. 61.031 (no dissolution from bed and board)(www.leg.state.fl.us).gov
- Florida Statutes chapter 61 Part I, section list (dissolution of marriage)(www.leg.state.fl.us).gov
- Florida Statutes chapter 741, section list (marriage)(www.leg.state.fl.us).gov
- Fla. Stat. 61.052 (grounds for and effect of dissolution of marriage)(www.leg.state.fl.us).gov
- Fla. Stat. 61.09: Alimony and child support unconnected with dissolution(www.leg.state.fl.us).gov
- Fla. Stat. 61.10: Adjudication of obligation to support spouse or minor child unconnected with dissolution(www.leg.state.fl.us).gov
- Fla. Stat. 61.021 (residency for dissolution of marriage)(www.leg.state.fl.us).gov
- Florida Courts: Petition for Support Unconnected with Dissolution (Forms 12.904(a)-(b))(www.flcourts.gov).gov
- Florida Supreme Court Approved Family Law Form 12.904(a)(1) instructions(flcourts-media.flcourts.gov).gov
- Florida Supreme Court Approved Family Law Form 12.904(a)(2) instructions (support and parenting plan)(flcourts-media.flcourts.gov).gov
- Florida Supreme Court Approved Family Law Form 12.904(b) instructions(flcourts-media.flcourts.gov).gov
- Fla. Stat. 61.075 (equitable distribution in dissolution proceedings)(www.leg.state.fl.us).gov
- Fla. Stat. 61.14 (modification of support orders)(www.leg.state.fl.us).gov
- Sack v. Sack, 184 So. 2d 434 (Fla. 3d DCA 1966) (reporter text, Harvard Caselaw Access Project)(static.case.law)
- Fla. Stat. 61.08 (alimony, including subsection (11) on support petitions unconnected with dissolution)(www.leg.state.fl.us).gov
- Chapter 2023-315, Laws of Florida (alimony reform, effective July 1, 2023)(laws.flrules.org).gov