Legal Question in Family Law in Florida
married living apart for 8 years
My husband & I have been living apart for 8 years (we lived together for 8 years prior to this). We are legally married,I put him out of our home due to child rearing disagreements. I continued to pay all the household expenses with assistance from him when needed. We actually became closer as a couple and have spent all family celebrations and holidays together as a couple. His family members testified that I am still his wife. We go on yearly Christmas vacations together as well as your run of the mill ''road trips'',vacations etc. Needless to say we still function(ed) as a married couple in all sense of the words. I have finally decided to seek a divorce and ended up in a trial because my husband claims that since we did not reside together then we were not really married anymore. We signed a disolution of marriage in 1999 but never filed it. My spouse recently got caught ''dipping his inkpen into the company inkwell'' IE a friend of his bosses unfortunately he had failed to tell them he was actively married and he panicked when they found out. Needless to say, I believe I am entitled to alimony, etc as I have performed as a wife, helpmate etc.for 16 years.I need case law to provide to judge. We cant find any. Can anyone help?
1 Answer from Attorneys
Re: married living apart for 8 years
Hello: I just read your question. It's hard to give an answer as so many necessary facts are unknown to me. For example, is your case over or still pending? As to alimony, there are too many factors to get into here. Also, there a a few types of alimony. As an overview, some of the factors a court uses in determining if alimony is to be awarded are the duration of the marriage (generally needs to be longer than 10 years for permanent alimony), the ability of the other party to pay alimony, the need of the party requesting alimony.
There is a lot of case law on the subject. One has to dive into some research books to find cases that have similar facts to provide to the court. It would be advisable to have an attorney on a matter like this.
'Hope this helps. Tom Rosenblum
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