ALIMONY WITHOUT DIVORCE IN FLORIDA

A spouse may receive alimony a/k/a spousal support in Florida without filing for divorce under Florida Statute 61.10. To receive alimony without divorce, a spouse files a “petition for spousal support unconnected with dissolution of marriage.” In addition to filing a petition, a spouse will also file a financial affidavit and other  financial disclosure documents demonstrating a need for alimony.

Here are a couple of things to consider when filing for alimony without divorce:

1)     A court cannot divide property and debts in spousal support action.

2)     If you think that a divorce is likely, it’s much more efficient and cost effective to handle all pending matters in dissolution action.

WILL THE FLORIDA COURT AWARD ALIMONY?

The most important factor in determining whether or not a spouse will be awarded alimony is  need and ability to pay. If one spouse needs alimony, but the other spouse does not have the ability to pay, a court may not award alimony. Conversely, if one spouse has the ability to pay, but the spouse requesting alimony doesn’t have the ability to pay, a court is not likely to award alimony.

Here is a list of some of the other factors Florida courts will consider when determining whether or not to award alimony:

1)    The standard of living established during the marriage.

2) The duration of the marriage.

3) The age and the physical condition of each spouse .

4) The financial resources of the parties.

5) The earning capacities, educational levels, vocational skills, and employability of the  parties.

Contact Us

If you would like to speak to a The Taylor Law Office about alimony without divorce, don’t hesitate to contact the firm for a free consultation.

 

 

Separated Spouses May Receive Child Support and Custody under Florida Law without Divorce.

There is no legal separation in Florida.  However, separated couples who are not divorced, or seeking a divorce, can establish custody and child support for their child(ren).

Child support and custody determinations for married couples under Florida Statute 61.10 are far less common than divorce actions, but I do see them in my practice from time to time. Here are some reasons spouses opt for this approach:

1) A couple has a religious prohibition against divorce;

2) The couple is separated currently, but they foresee getting back together after a period of time;

3) The couple may want to preserve insurance or other benefits.

Here are some cons of seeking a child support and custody determination without divorce:

1) A court cannot divide property or apportion debt outside a divorce action;

2) If the separated couple decides to divorce, they will need to pay an additional filing fee.

The Taylor Law Office 

If you would like to speak to us about custody and child support without divorce, don’t hesitate to contact The Taylor Law Office for a free consultation.