Q: Separation agreement question
Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,
can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?
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A: There is no legal separation in the State of Florida. If you wish to seek support from your Husband without filing a petition for divorce then you would file a Petition for support unconnected with a dissolution of marriage and request alimony/support. The process is every similar to a dissolution of marriage in that you will have to file a financial affidavit and advise the court why you need support in the form of alimony. Florida Statute 61.08 deals with alimony.
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A:
During the process of a divorce, one party may be eligible to receive alimony from the other party if there is a significant disparity in their incomes. This support is designed to alleviate the financial burden on the lower-earning spouse during and after the divorce proceedings. While Florida does not formally recognize legal separation in ways that other states might, couples who are in the process of divorcing can enter into agreements that provide financial support during the separation period leading up to the divorce.
Conditions under which alimony may be awarded include the duration of the marriage, the standard of living established during the marriage, and each party's financial resources and earning capacities. There are several types of alimony in Florida, including temporary alimony, which can be granted during the divorce process to support the lower-earning spouse until the finalization of the divorce. This type of support is specifically intended to meet immediate needs for living expenses and obligations.
If your husband earns significantly more than you, it is possible to have an agreement—or for the court to order—temporary support that would cover your living expenses while your divorce is being finalized.
Consult with a local family law attorney to explore your options and ensure that your rights are protected throughout the divorce process.
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