How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Michelle Your Own Question

Michelle
Michelle, Paralegal
Category: Legal
Satisfied Customers: 4136
Experience:  31 years of experience in criminal, real estate, juvenile and family law
Type Your Legal Question Here...
Michelle is online now
A new question is answered every 9 seconds

I have been separated from my husband for 12 years. For ...

Customer Question

I have been separated from my husband for 12 years. For the past 5 years Ihave been living with someone else. This person does NOT support me and I pay my expenses, bills, etc. Their is no "comingling" of funds. My estranged husband has recently decided to stop honoring the "Separation Agreement" that we filed over 10 years ago. I have no desire to remarry, not does he. However, since he has discontinued my alimony I am financially strapped. Please advise?
Submitted: 6 years ago.
Category: Legal
Expert:  LEV replied 6 years ago.

You husband may not just decide to stop payments unless there is a clause in the divorce agreement.

Spousal support (alimony) modification can be requested by filing a petition to the court.

Alimony obligations generally stop with the remarriage of the supported spouse. Other reasons that might be used to adjust or eliminate the spousal support are:

  • Cohabitation of the supported spouse with someone
  • Supported spouse's fails to make reasonable efforts to achieve self-sufficiency
  • Retirement of the supporting spouse

The only way you may collect the money - to sue your ex-husband for debt and obtain the judgment. Please be aware that your ex-husband would provide the court with his own arguments and will likely request the court to eliminate an alimony. So you should be well prepared.

Customer: replied 6 years ago.
Reply to LEV's Post: I am NOT divorced, but separated for 12 years. Florida does Not have "legal" separations, so we drafted our own 10 years ago and had it notarized. I no longer need the original child support in this agreement as the children are grown now. But I need the alimony to supplement my salary to pay basic living expenses. I live with someone but he DOES NOT support me and we do not comingle funds. In my current living situation, I pay all of my own bills and the groceries for us both. He pays rent and utilities and his own bills. I do not have a clear definition of "cohabitation" according to Florida Law? I do want a divorce, but I do need to have the "Separation Agreement" honored or modified to include ongoing alimony. I am not extravagant and am living modestly. I would like to move out of my current living situation, but cannot afford to move back into my house (now rented)and take on the additional expenses without my alimony. Also, my job requires extensive travel and I need to upgrade my car soon, but curretly cannot afford to buy one. Please advise to how the courts will view my situation and what I can do to regain my alimony?
Customer: replied 6 years ago.
I am NOT divorced, but separated for 12 years. Florida does Not have "legal" separations, so we drafted our own 10 years ago and had it notarized. I no longer need the original child support in this agreement as the children are grown now. But I need the alimony to supplement my salary to pay basic living expenses. I live with someone but he DOES NOT support me and we do not comingle funds. In my current living situation, I pay all of my own bills and the groceries for us both. He pays rent and utilities and his own bills. I do not have a clear definition of "cohabitation" according to Florida Law? I do not want a divorce, but I do need to have the "Separation Agreement" honored or modified to include ongoing alimony. I am not extravagant and am living modestly. I would like to move out of my current living situation, but cannot afford to move back into my house (now rented)and take on the additional expenses without my alimony. Also, my job requires extensive travel and I need to upgrade my car soon, but curretly cannot afford to buy one. Please advise to how the courts will view my situation (cohabitation?)and what I can do to regain my alimony without finalizing the divorce?
Customer: replied 6 years ago.
I need a professional experienced in Florida Family Law. The answer given was in regards XXXXX XXXXX "Divorce" situation...not a "Separation". I am "Separated" and in a live-in situation, however, more like a "Roomate" situation, that MAY be construed as "cohabitation". I am asking what constitutes "cohabitation" in Florida and if I still have grounds to regain my alimony. I have replied twice to clarify this, with no response.
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

Expert Lev has asked me to assist you in this matter. If there is No Court Order directing the payment of the Alimony then there is not much you are going to be able to do - except file for a divorce and incorporate the alimony into the Petiton for Divorce so that he can be Court Ordered. The mere fact that you two have entered into this agreement is nothing more than a contract - you can either file for divorce or sue him for breach of contract.

If there was a Court Order, then you could hold him in Contempt of Court.

Best to you in this matter,

 

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.