Legal Question in Family Law in Florida

Divorce/spousal support

I left my husband of two years because of domestsic violence and have been separated for six months now. Since we were married for only two years, would he be entitled to spousal support? He is retired and receives income from interests alone. I am working part time and earn more income than he. We have one marital property in Hillsborough county which he is living in, no other marital assets and have never co-mingled our funds.


Asked on 2/20/07, 10:47 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Divorce/spousal support

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Generally, Florida courts do not award alimony unless there has been a long term marriage and one party needs the support to help maintain a similar lifestyle while lacking the ability to earn the monies on his or her own. In a 2 year marriage, it is highly unlikely that a court would award any alimony.

Alternatively, a court will sometimes award temporary support in order to allow one of the parties to "rehabilitate" and learn a skill in order to be able to earn his or own living. Often, this is when one of the spouses has been out of the workforce in order to care for the home and/or family.

Scott R. Jay, Esq.

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Answered on 2/21/07, 12:00 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce/spousal support

Spousal support is base on his need and your ability to pay. The domestic violence would reduce the probability of his receiving spousal support. Retain an attorney to represent you.

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Answered on 3/05/07, 12:56 am


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