Rubinstein & Holz | Family Law Attorneys

Can I apply for alimony before a divorce in Florida?

Many people who have been through one or two can tell you that divorce is one of the most stressful events in life. This may be true but one of the hardest parts of the process may be the separation before the divorce, especially if it is long term. Fortunately, Florida law allows for spousal support even before a divorce.

How can I get support from a spouse before we are divorced?

Section 61.09 of the Florida Statutes states that an unsupported spouse may apply for alimony or child support payments if the other spouse could help maintain them but does not do it. This law may apply in a separation without a divorce decree and may even apply before a legal separation.

What are the considerations for applying for alimony before divorce?

The first question a judge will try to answer is whether a spouse needs support and whether the other spouse had refused to provide it. The court in which a person applies must also have jurisdiction over the person who would provide support under a court order.

Are there differences between alimony before and after divorce?

If alimony is a separate issue from divorce, the issue at hand is not keeping a spouse in a lifestyle to which he or she has become accustomed. It is more a matter of providing spouses with the support they need to live until they can support themselves. Child support, however, is always calculated by Florida standards for the well-being of children. An attorney can help clarify these issues and help people apply for alimony before or after divorce.

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Rubinstein & Holz | Family Law Attorneys

Rubinstein & Holz
1375 Jackson Street
Suite 304
Fort Myers, Florida 33901

Phone: 239-790-4314
Fax: 239-332-5078
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