Legal Question in Family Law in Florida

Spousal Alimony

My cousin got married in TX in '75 but lived outside of TX due to the military. She divorced after 17 yrs of marriage with no alimony request (she was a stay at home mom). She reunited (no marriage) with her ex 5 years later and 2 mos ago they separated-he married someone else. She is having a hard time supporting herself. Can she ask for alimony?


Asked on 5/23/07, 1:12 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Spousal Alimony

If Florida law applies (it would depend on who resided where and for how long), the answer is "no." In Florida, unless the spouse at least asks for alimony in the original pleading, things can be revisited even if denied at first. However, the omission of the request in the original papers acts as a permanent waiver. I would still recommend that she at least have a one-time consultation with an attorney so that he or she may review the documents and see if anything can be done.

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Answered on 5/23/07, 2:01 pm


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