My son has been separated for over 6 years but is afraid to divorce for fear of alimony as he is paying over a thousand a month in child support. He earns 65K a year and this leaves him with little to live on. His wife has the two kids and has been living with another man for four years now. My question is, in the state of Florida would he have to pay her alimony in this situation? They have been married for 17 years.
4 Answers from Attorneys
Your son is a big boy, he should be making the inquires. With that being said, and with the facts as represented, he probably doesn't have much of an exposure to alimony. If anything, his continuing delay in getting a divorce only serves to weaken his case.
It depends. You should have your son consult a attorney.
Seventeen years is sort of the "magic line" at which alimony can become "lifetime alimony" in Florida, but given that they've been separated for so long, alimony sounds very unlikely. Also, since she is living with someone, if she and her boyfriend are commingling their money, there almost certainly won't be alimony.
If she is openly living with a new paramour he likely will not have to pay alimony.