Legal Question in Family Law in Florida

Re: Wife wants Divorce

Hello: I just read your question as I have been busy and have about a hundred of these. I see where another atty. gave you an answer. I'll supplement her answer and let you know I live in Jacksonville if you need further assistance.

Basically, there are a few types of alimony. The two most common are permanent periodic (usually monthly) and rehabilitative alimony.

For an award of permanent alimony, several factors must be met. These are set forth in Florida Statutes (chap. 61)which you can read on-line. Most important are duration of marriage, ability of one party to pay and the needs of the requesting party. The Stat. does not state a length of a marriage, but we know in practice, it should be around 12 to 20 years. If you are requesting perm. alimony, you would have to show you need it to either be able to pay your livimg expenses or to keep the standard of living the parties enjoyed during the marriage. She would have to have the money to be able to pay. That is, she would have to have disposable income which is money left over after her living expenses. Will she be able to keep a similar standard of living as it was during the marriage?

If your marriage was not that long, you would pursue rehabilitative alim. Here, you show the court, you need money while you are getting training or working your way back up in the working world. If you are unable to work, you may still qualify for this type of alim.

Perhaps you could ask for lump sum alimony if the two of you have a lot of assets. Would she give you her share of the business?

'Hope this helps. If my office can be of further assistance on this matter or on other matters in the future, please contact me. Tom Rosenblum

Re: Wife wants Divorce

The key factors in alimony are the need of the requesting spouse (you, in this case, I presume) and the ability of the other spouse to pay. Since you are disabled, little or no income would be imputed to you if you are unable to work. As for calculations, they are rather relative, depending on ability, lifestyle during the years of marriage, length of marriage, and other factors.