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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3154
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I live in Miami, Florida. I have been living with my boyfriend

Resolved Question:

I live in Miami, Florida. I have been living with my boyfriend for 12 and three years legally married, that is 15 years toguether. Now I have some problems in my marriage. Because I was disabled some years ago, and still with medical issues going on, I hasen't work in around 14 years! almost all my marriage. I am wondering if I get a divorce am I entitled to alimony support?? I have several surgeries in my back, and six miscarriages, a broken foot and a lot of problems, so as a result of all that I am still suffering from my health, pains, and limitations, I hasen't apply for divorce just because as I am sick I need his support... but he is not respectfull to me any more, and cheating, all that..
Submitted: 8 years ago.
Category: Legal
Expert:  Thomas Swartz replied 8 years ago.

Hello BeatrizM1

 

Alimony or spousal support in Florida is awarded on a case-by-case basis. In determining whether alimony is granted, the court will take into consideration 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) 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 also consider marital fault in determining whether to grant alimony. This means that if one spouse is responsible for the breakup of the marriage, the court can take this into consideration in awarding alimony to the other spouse. This is especially the case if adultery is involved.

 

In your particular situation, I think it would be very likely that the court would take into consideration the fact that you are disabled/have many health issues and thus are unable to work and award you some amount of alimony. How much this would be is very hard to tell since, as I indicated, it depends on all the economic factors listed above. You also mentioned that your husband has been cheating. And this is another strong factor in your favor in whether alimony will be awarded.

 

Since you are considering filing for divorce, you might want to become a little familiar with some basics of all of Florida's divorce laws. So I recommend that you read all of the information on This Page, which covers the basics.

 

Good luck to you.

 

Thomas

 

 

 

 

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Customer: replied 8 years ago.
I have some money in the bank, that is only mine and only under my name, this means that it could affect a decision of child support? should I transfer this money then to another family member?
Customer: replied 8 years ago.
I have some money in the bank, that is only mine and only under my name, this means that it could affect a decision of alimony support? should I transfer this money then to another family member?
Expert:  Thomas Swartz replied 8 years ago.

Hello Beatriz,

 

It may have some impact on the alimony decision. The court will take into consideration all of the financial resources of both spouses. So the fact that you have some money in your own name will affect the decision somewhat. How much it will affect the decision is again difficult to tell because there are so many other financial circumstances involved. In most cases, unless the amount in the bank is very large (such that it could support you indefinitely), the court would be more interested in looking at the actual current earnings of each spouse and the potential future earnings of each spouse. In your case, since you are not earning anything on your own, the court will be more interested in that, and be more favorable towards you in awarding you alimony.

 

Transferring your money in the bank to another family member would probably not be a good idea. Your husband probably is aware that you have this money, and he or his attorney will likely raise this during the divorce. So if it is found out that you transferred your money to another family member, the court may consider it a fraudulent transfer and still consider the money yours for all practical purposes.

 

Thomas

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