Legal Question in Family Law in Florida

Is there any way out of permanent alimony for me? My wife and I were married for 5 years in FL (no children). We separated and I filed for divorce. 6 months later, while the divorce was in progress, my wife fell into a diabetic coma (which may have been preventable), which caused her to become permanently brain damaged. Now, she lives with her parents whom have been awarded guardianship and are seeking alimony, since I make a decent income.


Asked on 10/08/09, 12:38 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Alimony is not a foregone conclusion for you by any means, but it is often awarded in cases like yours where, even though the marriage is short, one spouse becomes disabled. It is imperative that you find a good family law attorney to assist you or, of course, you could end up paying a substantial amount of alimony.

Remember that the purpose of alimony is to keep a spouse in the "lifestyle of the marriage." It is not to provide for lifetime care for a spouse who becomes permanently disabled. It's an awful thing to say, because I certainly feel bad for what has happened to yoru wife, but alimony is not meant to be "adult" child support.

It's also significant that this incident occurred after your divorce filing date.

You have other arguments available to you as well, but, like I said, you need a good lawyer, and that lawyer will help you defend against the alimony claim. Though it's sad what's happened to your wife, I wish you the best of luck with your case.

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Answered on 10/08/09, 3:38 pm


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