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I've been married for 8 years and am seeking alimony. I was told by a paralegal that I am not entitled.

Fort Lauderdale, FL |

I live in Florida and we have one child together. He was abusive and I have a medical condition. Am I entitled to receive alimony or anything from him? The paralegal explained I would only be entitled if we were married for 10 years or more. Please help.

I am filing for divorce.

Attorney Answers 8


  1. Paralegals are invaluable to attorneys. However paralegals are not qualified to give you legal advise such as what you indicate was said.

    The issue of whether you are entitled to alimony and what kind and for how long is based on the particular circumstances in each case. Here is a link if you are inclined to read up on it. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.08.html

    You should consult an experienced family law attorney in your area. Spend a little money on a consultation, or find someone who offers free consultations.... but talk to a lawyer.

    Best of everything.
    Sandra K. Ambrose

    This response is only intended for informational purposes and is not intended as legal advice or as a substitute for hiring an attorney in your state. Further, by sharing this information, it is in no way intended to establish an attorney client relationship with the reader.


  2. The paralegal is not correct. Merely because the duration of the marriage is less than 10 years does not disqualify you from alimony. I would need to know a lot more before I could tell you about your chances of receiving alimony and in what duration and amount. Feel free to contacte me to discuss this further.


  3. Getting legal advice from a paralegal is a problem. The paralegal is probably breaking the law by practicing law without a license.

    Analysis of these issues requires a detailed examination of the facts and circumstances of your marriage. Consult a local attorney while you still have time.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  4. The paralegal is incorrect, you may be entitled to alimony. You should undoubtedly explore the possibility with a family law attorney.


  5. This is why paralegals are not permitted to provide legal advice. The paralegal is wrong. Florida law does not prevent you from seeking alimony simply because you have been married for less than ten years. There are various forms of alimony you may be entitled to, especially with a medical condition. The real questions is your need and your spouse's ability to pay. How much is his income compared to yours? The greater the disparity, the greater your chances. Depending on his income, he may even be required to pay your attorney's fees and costs. Please feel free to contact me for a free consultation at (954) 755-6608.

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship


  6. The paralegal is incorrect. You need to consult an attorney. Alimony is based upon need and ability to pay. Obviously you have the need, so the issue is does your husband have the ability to pay. Hire an attorney. You can also check my website out that discusses alimony and has a link to the statue.

    You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or RChiz@ChizeverLaw.com. Richard S. Chizever, Esq. is a family law attorney licensed in the state of Florida. This answer is for general information only and does not create an attorney client relationship between Richard S. Chizever or the Law Office of Richard S. Chizever, P.A. and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


  7. Why would you seek legal advice from a paralegal? They are not qualified to give legal opinions. Make sure that you only see legal advice from an attorney. Alimony can be granted under a vast number of circumstances such that attorneys are reluctant to ever categorically "rule it out" or guarantee its availability.

    Bill Rosenfelt 407-462-8787 (Orlando)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  8. I am echoing what my colleagues have stated in that the paralegal has no business giving legal advice. As mentioned by others, you may be entitled to alimony. The type of alimony you may be entitled to should be explored further. You should get an attorney to handle this issue immediately. You do not want to go through this process alone.

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