Separate Maintenance

An action for separate maintenance may be filed in Florida as a separate action and is governed by statute. It also may be filed as a separate count in a Petition for Dissolution, especially when the respondent may answer that the marriage is not irretrievably broken. The final judgment in an action for separate maintenance will not terminate the marriage but may provide for alimony, a parenting plan, a time-sharing schedule with the chidlren, and child support. Florida law permits the party in need of support to petition for separate maintenance; or the party responsible for the support to petition for separate maintenance. Neither party has to be a Florida resident.

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