Am I entitled to spousal support or alimony during the divorce process in Florida?
Full Question:
Answer:
Financial support of a spouse or ex-spouse is often called alimony or spousal support. In Florida, a court can order temporary alimony while the divorce is pending. This is called a pendente lite order for alimony. Most alimony or maintenance is ordered for a specific length of time. Once ordered, alimony can be modified only upon a showing of a " change in circumstances."
In deciding whether to award alimony in Florida a court must decide if it is "well-founded." A court will generally consider such factors as:
The standard of living established during the marriage
The duration of the marriage
The age and physical and emotional condition of each party
The financial resources of each party, including the nonmarital and marital assets and liability of each
The time necessary for either party to finish education or training to find appropriate employment
The contribution of each party to the marriage, including homemaking, child care, education and career building of the other party
All sources of income available to either party
The court may order any spouse who is paying alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award should he or she predecease the obligated support period. (Florida Statutes - Chapters: 61.08)
In order to receive this alimony, the proposed recipient must petition the court during the divorce process or in his or her complaint for divorce.
Here is the relevant Florida statute that provides for spousal support during the pendency of the divorce action:
61.071 Alimony pendente lite; suit money.--In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor. If a party in any proceeding for dissolution of marriage claims alimony or suit money in his or her answer or by motion, and the answer or motion is well founded, the court shall allow a reasonable sum therefor.
History.--ss. 1, 2, ch. 3581, 1885; RS 1483; GS 1931; RGS 3194; CGL 4986; s. 2, ch. 29737, 1955; s. 16, ch. 67-254; s. 9, ch. 71-241; s. 319, ch. 95-147.