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What is a Legal Separation in Orlando, FL area?

A legal separation in the Orlando, FL area is a separation wherein a legal separation agreement has been executed by the parties. This formal legal agreement describes the parties rights, assets, liabilities and support during the separation. If there are children of the marriage, the separation agreement would describe the time sharing and shared parental responsibility of the parties. It would also include the child support obligations of the parties.

This is an extremely relevant and important document because F.S.61.075 states that the date for valuation of asserts and liabilities is the date of filing the divorce unless there is a legal separation agreement. That means that you and your spouse may have been living apart for years, however the date you file for divorce is the date the judge will use to values your assets and liabilities for equitable distribution.

Until the divorce is filed all monies of the parties unless they are nonmarital assets are marital. Nonmarital assets are assets you had prior to the marriage, received by inherit or gift during the marriage that you kept segregated in your name only. That means if you are living apart and one spouse is make significantly more than the other spouse in income from employment and contributing significantly more into his/her IRA that all those monies are marital money to be equitably divided.

However, If you have a legal separation agreement then you argue that the date of the legal separation agreement controls for valuation of assets and liabilities and not the date of filing. That way all that money you earned during the separation is yours and not marital money to be divided in equitable distribution. This way your spouse would not get half of those monies.

If you have more questions regarding a legal separation, you may call Ann Marie Giordano Gilden, Esquire of Ann Marie Giordano Gilden, P.A. for an initial consultation.

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