If myhHusband is leaving me after 5 years marriage and we have no children or property, what are my rights?

My husband has met someone else and is leaving me. I’ve been studying for 5 years for which he has supported us both financially as I haven’t been working, He’s also ensured that I have no debts or fees from university. Do I have alimony rights?

Asked on July 9, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  There are various tyoes of alimony in Florida and verious factors used by the court to determine if alimony is appropriate.  Some times alimony is given for a short duation to allow a person to get on their feet.  The longer the marriage the better the chance for permanent alimony (17 years or more). In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: 

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) 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.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

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

Seek help from an attorney in your area.  He can always agree to alimony.  Good luck.


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