Would Like to File for Alimony
From Maris from Miami, Miami-Dade County, Florida
I have been married for eight years and it’s been a very rocky marriage. I became mentally ill because of his lies and cheating.
I couldn’t believe that this man I trusted so much and gave my all to was doing all these things behind my back. I felt in love and gave him a legal status; unfortunately after he received his green card he started to change each day more and more for the worst.
This marriage/relationship took a toll on me; I’ve been disabled for the past two years. My life has totally changed from when I met him. I had a good job, good income, good car… and most important I was mentally stable. I know in my heart that I was USED to obtain his residency and I feel it’s NOT FAIR. Even-though we do not have children or property together I would like to file for alimony. I was told that I cannot file for a Florida Simplified Dissolution of Marriage. What is the right form/s to use or what is the correct legal procedure to follow?
Answer:
I’m sorry to hear that you have gone through so much turmoil. Before, during and after your dissolution I would highly recommend you seek some sort of therapy/counseling to make sure you take care of yourself! The best thing you can do is take steps to move forward in a direction that is beneficial to you.In the very near future, alimony will be calculated similarly to how child support is calculated. Until that change is official the basis for a judge to order alimony is based on many different things see the Factors in Need and Ability to Pay. Some of these things are the standard of living established during the marriage, the duration of the marriage, the financial resources and earning capacity of each individual, and the physical and emotional condition of each person. As far as alimony goes, eight years of marriage is considered what some people refer to as the grey area. Considering your circumstances, you may be granted alimony as long as you show that you have relied on his income, have a need for the alimony and he has the ability to pay. I always recommend to my clients to ask for what you feel you need, if you don’t ask…you can’t receive! As far as the Simplified Dissolution of Marriage, you do not qualify because in order to do so you would have to have no assets or liabilities, no children, and not requesting any financial support. You more likely qualify for the regular dissolution of marriage procedure as outlined in this link. I hope you get what you need financially so that you can get back on your feet and become successful again!
