Date of Separation
The date of separation generally refers to when spouses stopped living as a married couple, but Florida law does not recognize a formal "legal separation" status. In Florida divorces, the cutoff for classifying marital assets and debts is usually the date the divorce petition is filed, not an informal separation date. Couples who want to live apart before divorcing simply do so, sometimes using a private separation or settlement agreement, since Florida offers no separate-status court order.
Last updated June 21, 2026
Legal Definition
Under F.S. §61.075(7), the cutoff date for determining marital assets and liabilities is the earliest of the date the parties enter a valid separation agreement or another date the court finds just and equitable, with the date of filing the petition commonly serving as that line.
Example
Because Florida has no legal separation, the court used the petition's filing date rather than their informal date of separation to classify the marital debts.
Related Statutes
- 61.075
Related Terms
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