I was disabled before marriage. I also received a large settlement after marriage which later on I used to buy our house together ( the down payment and then some). He has worked and his income basically supported us over these years( 20years) Now he wants out and freedom. I can not support myself or even get a full time job and he said he is not supporting me afterwards, that I get some SSI and I can make due on that. Thats lots of people do it. I know I couldnt stay in the house and afford it and take care of myself. Is there specific law in Florida regarding disabled spouses? And I am aware that there are lots of factors for judges to determine but before I get a lawyer I want to know is my disability has specific law or language. any information will help and calm me.
Family Law Attorney
I would contact an attorney as soon as possible. Alimony is based on the payors ability to pay and the recipients need.
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Florida Statutes 61.08 (2) provides that: "In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant 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."
As you can see the Court is required to consider factors such as your physical condition and your employ-ability. You should contact a local family law attorney to ensure that you rights to receive spousal support are enforced.