Legal Question in Family Law in Florida

I have not lived with my husband for 2 years and have been trying to get him to sign divorce papers, but he keeps putting me off. He does not have a stable job and has a very small income (we have 2 children & he has not paid child support because he can't afford it. I (along with my 2 children) live with my parents and they are paying for my college so I can become a registered nurse. My question is, if the divorce has not been finalized, and I have a decent paying job, can my husband get alimony from me?


Asked on 10/21/09, 8:22 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

It's possible, but the fact that you've lived apart for two years will help your case against alimony. Don't wait until you get your nursing job and have a good income. That's when his odds of getting alimony are best. Get your divorce completed while your income is low and you are in school. You don't need him to sign in order to get divorced. Once the divorce is completed without an alimony order, he can't go back and get alimony later.

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Answered on 10/22/09, 9:52 am
Lucreita Becude Lucreita D. Becude, P.A.

If you completed a marital agreement and he won't sign, then return to the courthouse and pick up the packet for filing divorce and complete the forms and file them, have him served. If he does not respond, you should be able to put him in default and receive your divorce. Be sure to include child support payments. The longer you remain married to this man the better his chances are of asking for alimony to help rehabilitate him (send him to school).

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Answered on 10/22/09, 12:45 pm


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