Can You Get Alimony Without Divorce in Florida?

Many people assume that alimony or spousal support can only be ordered after a couple gets a divorce. While this is often the case, receiving spousal support in Florida is possible without ending your marriage. While rare, Florida law allows one spouse to ask for financial help from the other without needing to dissolve the marriage. So if you need financial support but are not ready to end your marriage or are separated but not divorced, keep reading for what you should know about this topic.

What Does Florida Law Say?

Under Florida Statutes section 61.09, a married person can seek financial support if their spouse has the ability to support them but isn’t doing so, without seeking a divorce. This form of support is called “separate maintenance” or “support unconnected with dissolution of marriage.” This law also allows you to seek child support from an able spouse who refuses to support their child or children. However, the focus of this article is alimony.

Basically, if you are still legally married but your spouse has stopped helping with household expenses, you can petition the court for help. After filing your petition, the court will consider your financial needs and your spouse’s ability to pay support. Then, the judge will enter an order it deems “just and proper.”

The aim of this statute is to prevent financially needy spouses from being left in a tough situation while they are still married. This may be a good option if you do not want to get a divorce because of your religion or due to other reasons.

Florida Does Not Recognize Legal Separation

It is worth mentioning that, unlike other states, Florida does not recognize “separated” as a formal court-ordered status, the way it recognizes “divorced.” In Florida, only a divorce can legally end a marriage. You are still legally married even if you and your spouse live in separate residences, pay separate expenses, and don’t commingle funds.

That said, you can still petition the court for separate maintenance. However, you cannot ask the court to divide up your assets and liabilities. Once the court enters a final judgment of support, you will still be married, and your assets and liabilities will not be affected.

Can You Modify or Terminate Separate Maintenance?

Yes, a support order entered without the dissolution of the marriage can be modified or terminated. According to Florida Statutes section 61.14, if circumstances change, for example, if the paying spouse loses a job or suffers a disability, or the receiving spouse gets a job, the support order can be modified or terminated. The receiving or paying spouse can go to court and seek a modification based on a change in circumstances.

Separate maintenance cases can be complex, and court procedures may vary. It is highly advisable to consult an attorney. A skilled Florida family law attorney can guide you through the process and advocate for the best outcome.

Contact an Orlando Family Lawyer

If you are considering seeking alimony without getting a divorce, contact the experienced Orlando family lawyers at the Arwani Law Firm for legal help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.09.html