Blog

Legal Separation Agreement in Orlando, Florida and Lake Mary, Florida Area

What is a Legal Separation Agreement? Why is it useful? A Legal Separation Agreement is a contractual document wherein the parties of the marriage spell out how their assets, debts, and salary will be distributed during the separation agreement. 

Under Florida Statute 61.075 Equitable Distribution, the date of valuation of assets is the date the divorce was filed or the date the legal separation agreement is executed. You can also include in the legal separation agreement whether alimony and/or temporary support will be paid and how much will be paid. You can include support for the children. If the document is thorough, then if one of the parties files for divorce, the legal separation agreement should resolve the issues of the case. You can request that the court accept and ratify the legal separation agreement. You can request that the court have the parties abide by what is set out in the legal separation agreement. 

You want to make sure before you enter into the legal separation agreement that both parties have completed and provided each other Mandatory Disclosure pursuant to Florida Family Law Rule 12.385. You need to provide each other all the documents that are encompassed in the Florida Supreme Court form of Certificate of Compliance with Mandatory Disclosure. This form can be found on the Florida Supreme Court website under forms, then domestic forms. If you hire attorneys to prepare the legal separation agreement, the attorneys and their staff will help you gather these documents and organize them. As part of mandatory disclosure, you must complete a family law form financial affidavit. If you make less than $50,000.00, you will fill out a short form. If you make $50,000.00 or over, you will fill out a long form financial affidavit. One attorney cannot represent both of you. You need to have your own attorney.  

Make sure that you include all your assets and debts. Make sure you spell out who will live in the marital residence and who will pay all the bills on and associated with the marital residence. Also spell out if you divorce, who is keeping the house or if you are selling it. You want to make sure you include your personal property and who is getting what when you separate. Thoroughly discuss all bank accounts and credit cards. Who is getting what? Who is paying the credit card bills? Spell out whether each of you are responsible for your own credit cards after the legal separation. Spell out who may use the joint credit cards and who is responsible for paying for them. The more specific and particular that you detail the assets and debts in the legal separation agreement, the better. You want to avoid ambiguities that can cause problems regarding the interpretation of the document. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.