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Does a mistress / girlfriend have any rights to personal property in florida...

Fort Lauderdale, FL |

I just gave birth from a man that i spent 10 yrs living with but he was married and now getting a divorce and i want to leave him also. what rights do i have? what should i do besides child support? keep in mind he is worth millions. is my daughter entitled to anything else? or me?

Attorney Answers 3

Posted

There is no common law marriage in Florida. You are entitled to child support. Your child's father is entitled to time sharing.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship.

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Posted

gotta be a way around it, must have been other cases somewhere.. he made me convert to his religion and made promises with marriage intent..be creative.. lol what could i expect in support from a guy who has millions?

Posted

Since you share a daughter, you will likely want to discuss your legal options with a local family law lawyer who handles child custody and child support.

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As part of a Family Law proceeding, since the two of you were not married, you will be entitled to very little from him beyond establishing child support, the obligation to provide insurance for the child, a division of any uncovered/uninsured medical expenses for the child, a potential division of extracurricular activity expenses/private school expenses (if those are ongoing), and perhaps attorney's fees, if there is that significant a disparity in incomes & ability to pay.

There is no "palimony" or any other form of support that could/should be paid by him to you, since you were not married and common law marriage has not existed in Florida since 1967/1968.

Depending upon what your living situation was - joint names on a lease, on a car title or auto loan, etc., you may have a claim for a civil action against him - but it would not be in the nature of a Family Law proceeding, it would be in the same realm as if you and a buddy/friend/business associate entered into the same contract/arrangement.

He, on the other hand, can likely suffer in the dissolution of marriage proceedings because if he has spent significant sums on you during his adulterous affair, those funds can be held against his portion of the equitable distribution of the marital estate due to his waste/dissipation of same.

Obviously, his support obligations to you are contingent upon an actual establishment of paternity, and in conjunction therewith he would be able to seek the establishment of a Parenting Plan and time-sharing arrangement - and the filing of an action to establish same would invoke F.S. 61.13001 - Florida's relocation restriction statute so you would not be able to relocate with the minor child more than 50 miles from where you are living with her at the time you are served with the petition, without his written approval/entering into a relocation parenting plan or filing a Petition to Relocate and getting the Court to grant you permission to move.

In short, it sounds like you should seek a consultation with an experienced Family Law attorney in your area to discuss your case, your options, and how you would like to proceed.

The answer provided is a general answer to a general question - and should NOT be construed as my giving specific legal advice, nor does it create any attorney/client relationship or expectation of privilege - and should you have specific questions you seek to address, then I encourage you to seek a consultation with an experienced Family Law Attorney in your area who may discuss your case with you and give you specific advice to assist you.

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