Legal Question in Family Law in Florida

In FL, can I record an in person conversation with my husband regarding our up coming divorce?

We are still living together as a married couple... We just can't seem to get along any more.

I think he is going to try to use my half of our home as alimony even though he has always made more money than me.

It is in his name but we refinanced after we were married

10/2002.

Can I record him admitting we are sill living as married and still physical and everything should be half mine?


Asked on 9/18/10, 6:50 pm

1 Answer from Attorneys

Latangie Williams Law Office of Latangie Williams, P.A.

You can record the conversation however, the judge may not be willing to admit it into evidence or listen to it (as your husband would be recorded without his knowledge). I do not know what you mean by "it is in his name..." Are you referring to the deed? Either way, the home is marital property and will be equitably divided as an asset. Even if the two of you decide to sell the home, half of the money belongs to you and the other half to your spouse. He STILL may have to pay alimony regardless to that. That would depend on your current income (if you are working), your capacity to work (if you are not working), etc.

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Answered on 9/23/10, 7:13 pm


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