Legal Question in Family Law in Florida

Re: maritial

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I have done some further research and wish to correct my earlier response. The Florida Statutes does provide a vehicle for you to seek support in

Florida Statutes 61.10 Adjudication of obligation to support spouse or minor child unconnected with dissolution; child custody, child's primary residence, and visitation.

Except when relief is afforded by some other pending civil action or

proceeding, a spouse residing in this state apart from his or her spouse

and minor child, whether or not such separation is through his or her

fault, may obtain an adjudication of obligation to maintain the spouse and

minor child, if any. The court shall adjudicate his or her financial

obligations to the spouse and child, shall establish the child's primary

residence, and shall determine the custody and visitation rights of the

parties. Such an action does not preclude either party from maintaining any other proceeding under this chapter for other or additional relief at any time.

Good luck.

Scott R. Jay, Esq.

Re: maritial

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While a couple is legally married and living together, there is no action that I am aware of where one spouse can sue the other for an allowance or for services performed. The law recognizes that each spouse will do for the other in a marriage and compensation is not anticipated or expected.

If the parties separate, the wife can file for support from the husband. The parties can actually be separated while still residing in the same residence under some circumstances. If you are considering this, I would consider meeting with an attorney and discussing your legal rights and respobsibilities.

Scott R. Jay, Esq.

Re: maritial

What do you mean by allowance? You can ask for alimony if divorcing and spousal support in the meantime. As for services performed for your spouse, they are considered a gift unless you have something like a pre-nuptial agreement stating otherwise. Spouses do things for each other. That's why the law recognizes an entitlement to alimony or spousal support; because the non-working spouse performs unpaid services for the couple or family.