We Never Married and We Are Separating-What Do I Do?
Separating from a partner when you’ve never been married can be overwhelming while also presenting unique challenges. When you do not have the protections that come with a divorce for married couples, you may be left wondering how to deal with property division, timesharing, child support, spousal support, and other financial responsibilities. While Florida doesn’t recognize common-law marriage, there are still ways to protect your interests and ensure a fair outcome. Consulting with an experienced family lawyer can help you move forward with confidence.
Property Division for Unmarried Couples
One of the most significant issues for unmarried couples is the division of property. In many cases, only one partner’s name is on the deed to the home, even though both partners contributed to mortgage payments. If this is the case, you can seek reimbursement for contributions made to mortgage payments or other expenses by filing a lawsuit called a partition action. If both partners’ names are on the deed, the property is considered jointly owned. Some of the common solutions in such a situation would include:
- One partner keeping the home and compensating the other for their share
- Selling the home and splitting the profits
- Trading the home for another asset of equal value.
You may also have to agree on how other assets, such as bank accounts, vehicles, furniture, and collectibles, would be divided. If an agreement cannot be reached, legal intervention may help ensure a fair outcome.
Child Custody and Support
Timesharing, often known as child custody or visitation in other states, is also another concern for unmarried couples. Under Florida law, timesharing and child support are based on the best interests of the child, regardless of the parents’ relationship status. Unmarried parents have the same rights and responsibilities as married parents, but establishing paternity is critical. Once paternity is established, timesharing is determined. Informal custody agreements between you and your partner may work, too, but having a formal, written agreement is always best. If you cannot settle on a parenting plan, the court can help impose a custody arrangement.
Alimony Considerations
Unlike married couples, unmarried partners have no legal claim to spousal support in Florida, even if they made sacrifices, such as sacrificing their careers to support their household. It is always best to take proactive measures to protect your financial interests in the event of a separation.
Protecting Yourself: Cohabitation Agreements
For unmarried cohabitating partners, your best safeguard is a cohabitation agreement. A cohabitation agreement is a legally binding document, similar to a prenup, that outlines how property, finances, and other assets will be divided in the event of a separation. While these agreements may feel unromantic, they can provide you with clarity and security, significantly reducing disputes over property and finances during separation. Consulting an experienced family attorney in Florida is advisable to ensure the agreement is comprehensive and enforceable.
Do I Need a Lawyer?
If your separation involves no shared property or children, you may not need legal assistance. However, if you have joint assets, children, or unresolved financial matters, consulting a Florida family lawyer is highly recommended. A family lawyer can help you navigate complex issues, draft agreements, and ensure a fair resolution.
Discuss Your Options With a Lakeland Family Attorney
At Darla K. Snead, P.L., our experienced Lakeland family attorney assists both married and unmarried couples with separation, timesharing, and property division matters. Contact us today to learn more about your options and ensure your rights are protected during this challenging time.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html
