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My husband and I have been living MD. When we split up he moved

to Florida. Not long after...
My husband and I have been living MD. When we split up he moved to Florida. Not long after I was approved for SSDI indefinitely. Recently, he sent some 'quickie divorce papers' based on Florida law. I know that there is a law possibly coming into effect in FL regarding alimony and severe limitations. He has been sending me 200 a month for a number of months without calling it 'alimony'. He is suddenly pushing me to sign papers and send them before the end of this month (June). His insistence has me concerned. He has stipulated in the agreement that he would be willing to pay the 200 until the point I come off of disability. I do not know if or when I may be coming off it.
I am wondering if our divorce is handled in Maryland, would I have better 'protection' and also, what may I be missing in this entire scenario?
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Answered in 3 minutes by:
6/25/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,724
Experience: Licensed experienced Attorney
Verified
Hello. My name isXXXXX am a Florida licensed attorney and I will be happy to answer your question.

I am sorry to hear about your difficult situation.

How long have you been married?

Are there any minor children between you and your husband?

Can you please tell me little more about your husband's and yours current income and assets?
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Customer reply replied 4 years ago

Hi Alex,


 


We've been married over 20 years. There are no children. My husband will not tell me his current income but has said that he was 'finally getting a good paycheck.' With that info, I can assume he is making 100,000-125,000. He is renting a townhouse with his girlfriend who was just laid off from work. I am getting 1400.00 a month from ssdi. My mother contributes 300 a month and my husband has been sending 200 a month. I currently own a 2004 Saturn worth about $2000.00. I don't know if he has paid off an auto loan on his current vehicle. The mortgage we currently co-signed on is $190,000 and the home equity line of credit is 50,000.

Thank you for your follow up.

Do you or your husband have any type of retirement benefits / plans, such as pensions, 401K, IRA's etc...?
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Customer reply replied 4 years ago

No, when my husband left, he cashed his out so there was nothing left for us to split. When I became ill and we were still together, he insisted I cash mine out to pay for monthly bills.

Thank you for your follow up.

It appears that based on the limited facts you have provided, but most importantly on the fact that you were married to your husband for over 20 years and also your husband's current estimated income and your curred disability SSDI, that you could be entitled to a permanent alimony and it can be as substantial as 20% of your husband's current net income and definitely much more than $200 he has been sending you and your husband's is desperately trying to avoid this potential substantial permanent alimony by pressuring and rushing you into some type of quick divorce.

Basically, I would suggest that you do consult with a local experienced divorce attorney and consider filing your divorce in Maryland and requesting the court to award you a permanent alimony.

While Florida upcoming alimony reform might not be as much of an issue, if you file for divorce first (assuming that your husband has not filed yet in Florida), then you would have an advantage of being in the "driver's seat" as far as divorce proceedings concerned, but also you would avoid the cost and inconvenience of having to deal with a divorce case process in Florida court, but rather your divorce proceedings would be handled in your local Maryland family court, which would make it convenient for you and not so convenient for your husband, which is likely to make him more agreeable to some type of settlement that is favorable to you.

I wish you the best of luck!
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Customer reply replied 4 years ago

sending divorce papers doesn't necessarily mean he has 'filed'? How do I find out?

Thank you for your follow up.

Do the documents that were sent to you have an actual case number?

What city in Florida is your husband living in?
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Customer reply replied 4 years ago

Lake Worth and no case file number


 

Thank you for your follow up.

Generally, a Divorce Petition that had been already filed in Florida court would have a case number XXXXX on it and also would have been served to you by personal service by your local Sheriff or a licensed process server.

You can further check the Palm Beach County Court docket to see if a divorce case has been filed at the link below:

http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_main.cp_main_idx

I wish you the best of luck!
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Do you have any related follow up questions for me?
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Customer reply replied 4 years ago

I had consulted with a lawyer some time ago and was lead to believe that alimony was not longer easily granted. How do I proceed to alimony?

Thank you for your follow up.

A petition to establish permanent alimony would be incorporated by your attorney in your Divorce Petition and your local experienced attorney should be able to obtain alimony for you (even if it is not permanent) based on the limited current facts you have provided.

I wish you the best of luck and GOD bless you!
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,724
Experience: Licensed experienced Attorney
Verified
Alex J. Esq. and 87 other Family Law Specialists are ready to help you
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,724
16,724 Satisfied Customers
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