We are separating but not divorcing yet. Can we use mediation to handle a legal separation?

Florida is one of a handful of states that does not recognize “legal separation” as a formal legal status. You are either married or you are not. However, you can absolutely use mediation to handle the practical realities of living apart. Through voluntary mediation, you and your spouse can negotiate a binding contract known as a Separation Agreement or a Postnuptial Agreement. This contract can dictate who pays the mortgage, how bank accounts are handled, and how child support is calculated. Furthermore, under Fla. Stat. $61.10, a parent can file a formal lawsuit for “Support Unconnected with Dissolution of Marriage.” Separately, under Fla. Stat. § 61.09, a spouse who is not receiving support can ask the court to order it even while the marriage is still intact and no divorce has been filed. Mediation is a highly effective way to draft these temporary or long-term safety nets without escalating the conflict in a courtroom.