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.
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.