A husband or wife can file for alimony in Florida without getting divorced. Spouses have a legal duty to provide financial support to each other. Spousal support (alimony) can be required even if the couple is separated and no longer living together but have not yet divorced. Spouses are under an obligation to provide financial support approximate to that which has been established during the marriage. See Astor v. Astor. The policy behind alimony is to alleviate the financial disparity between the two parties. When determining if alimony should be awarded, Florida family law courts look at one spouse’s ability to pay alimony vs the other spouse’s need for alimony. If alimony is awarded, the alimony payment should be an amount sufficient to support the spouse’s standard of living. For information about the amount, duration, and process for alimony in Florida without getting divorced contact a divorce attorney in Tampa.
There are many different types of alimony in Florida which vary in amount, form, and duration. If you are seeking alimony or trying to prevent paying alimony contact a divorce law firm in Tampa for legal representation. Nobody likes paying for an attorney but in some cases it can save you a lot of money in the long-run. A skilled divorce attorney in Tampa can make a big difference on whether or not alimony is awarded and if so, how much
Filing for Alimony in Florida Without Getting Divorced
Under Florida Statute 61.09, a spouse may be required to pay alimony in Florida without getting divorced. Florida does not recognize legal separation; therefore, if a couple is separated alimony may still be required. Unlike alimony in divorce cases, alimony under this statute recognizes the continuation of the marriage and the continued right of a spouse to participate in the other spouse’s estate, as well as the possibility of a reconciliation. See Wood v. Wood.
Alimony in Florida without getting divorced is subject to the same two-part test that is applied in a Florida divorce case. The party seeking alimony must show that their income potential is insufficient to fund a lifestyle comparable to that of the marriage. Secondly, the spouse must show that the other spouse has the financial resources to pay the requested alimony. All forms of alimony available in a divorce case will also be available when filing for alimony in Florida without getting divorced. For more information on the types of alimony that are available in Florida contact a Tampa divorce lawyer.
Alimony in Florida Without Getting Divorced When a Spouse Lives Out of State
In order to be eligible for a divorce in Florida at least one of the spouses must be a resident of Florida for the 6 months preceding the filing of the divorce petition. However, there is no residency requirement for seeking alimony under Florida Statute 61.09. See Wachsmuth v. Wachsmuth. Further, there is not even a requirement that the couple live apart before the court can order alimony. Moreover, there is no requirement that the party to pay alimony be at fault for the separation. However, if both parties have not lived in Florida as a married couple, there may be issues regarding personal jurisdiction. If the Court lacks personal jurisdiction it will not be able to compel a part to act, such as paying alimony. A divorce law firm in Tampa can help evaluate your case and advise of any potential concerns that may arise.
Tampa Divorce Law Firm
If you are seeking alimony or trying to prevent being ordered to pay alimony contact Florida Law Advisers to speak with a Tampa divorce attorney. Every divorce and alimony case is different, and our vast experience allows us to cater our services to each client’s individual situation. With years of experience in litigation, we are more than ready to present a compelling case on your behalf and stand firm for what is fair. If you would like to speak with a Tampa divorce attorney at our firm call us today at 800 990 7763 to schedule a free consultation.