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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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we have been together for 20 yrs since college , but only

Customer Question

we have been together for 20 yrs since college , but only married 10yrs in Florida, no children, we have a condo with a mortgage, own 2 cars, small dog, he has a full time job, wife unemployed, he wants the divorce, he cheated...what r my rights
Submitted: 2 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 2 years ago.
Hello,
Thank you for allowing us to assist you with this problem.

Im sorry to hear that your marriage is coming to an end. The court will only consider the 10 years you were actually married.

The court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

 


The court may grant permanent or rehabilitative alimony to either party. The court will typically order periodic payments or payments in lump sum or a combination of both. The court may also consider marital fault, especially adultery when making an alimony award.

The court shall consider all relevant economic factors, including but not limited to: (1) The standard of living established while married. (2) The length of the marriage. (3) The age and health of each party. (4) The financial resources and assets of each party. (5) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. (6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party. (7) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties.

The court may order any spouse who is paying alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award should he or she predecease the obligated support period
Customer: replied 2 years ago.

How does wife receive permanent allimony...husband wrote on card that he doesn't want wife to work just be his social organizer and take care of him and small dog....wife is devasted that husband is divorcing....husband makes close to $100,000 and wife is unemployed....and wife now has to go to school because can't find work...wife is depressed under this stress...doctor prescribed lexipro..antidepressent....wife still cries...
Expert:  Daniel Solutions replied 2 years ago.
Statements on cards alone are not sufficient. To receive permanent support after a marriage of only 10 years may be difficult unless the wife has some illness or injury that prevents her from obtaining employment. Most likely the support would be set by the court to assist the wife in either obtaining an education or assist in maintenance for a period to be determined by the court.
Expert:  Daniel Solutions replied 2 years ago.
Statements on cards alone are not sufficient. To receive permanent support after a marriage of only 10 years may be difficult unless the wife has some illness or injury that prevents her from obtaining employment. Most likely the support would be set by the court to assist the wife in either obtaining an education or assist in maintenance for a period to be determined by the court.
Customer: replied 2 years ago.

How many years can wife get allimony ,and how much , if married 10 yrs in florida.....
how do they determine how much. Does husband need to pay for wifes health insurance... husband has worked at same company for 18 years and wife has been on his heatlth insurance ....does husband still have to pay for health insurance after divorce...
Expert:  Daniel Solutions replied 2 years ago.
Spousal Support is not like Child Support. There is no set formula or chart to use. The factors I stated in my prior post are used to determine the amount and duration of spousal support by the judge is the parties can not agree.

In Florida, the court may look at marital misconduct (primarily adultery) in awarding alimony. But the strong trend among the courts is not to consider marital misconduct.

One case where the courts might consider it is where one spouse spends marital funds on another relationship during the marriage.

Cases:

Haley (1995) 649 So2d 332 (adultery may be considered).

Santoro (1994) 642 So2d 86 (not much weight given to adultery, unless it affected the family finances).

 

After the divorce each spouse is obligated to provide their own health insurance because the divorce terminates the spouse as a dependent for health insurance purpose.

Customer: replied 2 years ago.

I want to add $10 more to my payment of $45 to be able to have the unlimited attorney questions .....how do i do this...
Expert:  Daniel Solutions replied 2 years ago.
I am one of the attorney experts here. That would be an account question you need to send an email to info@justanswer.com

If I have answered your questions I ask that you click ACCEPT because that is the only way I receive credit for my responses to you.
Customer: replied 2 years ago.


husband is willing to pay wifes mortgage for 4 yrs....and willing to pay health insurance for 4 yrs......do you think wife should mediate or hire an attorney....

does husband have to pay for wifes attorney fees

does husband have to spit his side company
Expert:  Daniel Solutions replied 2 years ago.

I can not tell wife what she should do because successful agreement require an attorney to be able to review all marital debts, assets, discuss future earning potential, etc... The husband may not have to split his company if it was started prior to the marriage but there are many factors that can affect the division.

 

However an almost 50% coverage of items that may terminate upon divorce is something to consider. If you can not agree then mediation can be beneficial and less expensive than retaining an attorney.

Customer: replied 2 years ago.


In florida will husband have to pay for wifes attorneys fees since wife doesn't have a job and no savings......since husband pays for everything for years....


Expert:  Daniel Solutions replied 2 years ago.
Each party is liable to pay his and he own legal fee but the judge can force the working spouse to pay part or all of the other spouse's legal fee is the working spouse has the financial means to pay the fee.
Customer: replied 2 years ago.


How many years of alimoney does wife get for being married 10 yrs in florida...
.since wife doesn't want a divorce...husband wants divorce....

can wife petition that she doesn't want a divorce she stilll loves husband soo much..
Expert:  Daniel Solutions replied 2 years ago.
The fact that one spouse wants a divorce and the other is not relevant to the issue of spousal support. The only relevant factors and the determination of the amount are based upon the factors I provided in my prior posts.
Customer: replied 2 years ago.


we r in florida husband wants to pay mortagage so wife can live in condo and then own eventually when condo is paid

husband wants to pay alimony of $1600 plus $400 more for food it costs wife to live monthy about $3000

husband will give wife 4 years of alimony but will still but will still pay mortgage $1600 till condo debt paid ....

husband and wife have $2500 in cred card debt husband want both to spilt....debt

husband has been working for a family owned company 18 years still has profit share $50,000 husband wants to keep not slpit

husband also has his own sub company which he says profit is $10,000

MY question to you is it better that wife just keeps condo and get alimony from husband for 4 years and forfeit rehabilition alimony and profit share and business to have home forever paid.......what is your opinion because florida is a 50/50 spilt and then wife would probably be homeles and oweing money
Expert:  Daniel Solutions replied 2 years ago.
I can not provide a legal opinion on your specific matter because it requires a full evaluation of the entire divorce issue. For such a specific analysis you should retain a local attorney.

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