What consideration is given in divorce cases involving domestic abuse... verbal/emotional (not violence)

Asked about 2 years ago - Oldsmar, FL

I am just beginning the divorce journey after over 20 years of marriage. Husband has anxiety disorder but has refused treatment. Is emotional abuse considered in equitable distribution or alimony awards?

Attorney answers (7)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    7

    Answered . I am sorry that you are going through this. The conduct of the parties is definately a factor that the courts will look at among many other factors. Please chat with a local attny, it will be well worth it. Take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Heather Morcroft

    Contributor Level 20

    2

    Lawyers agree

    Answered . The courts look at the totality of the circumstances...that is the whole picture. You would be best served by sitting down with an experienced divorce attorney with whom you are comfortable and getting a clear picture of your situation.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  3. Gary A. Hewetson

    Contributor Level 3

    1

    Lawyer agrees

    Answered . I believe Mr. Rose's assessment is correct. This is certainly an issue that you should discuss with your attorney.

  4. Brent Allan Rose

    Contributor Level 20

    Answered . Though the other attorneys are correct in that the court can look at "everything" in dividing the assets and assessing alimony, as a practical matter, emotional (and, for that matter, physical) abuse really plays no role in the statutory factors a judge uses to determine equitable distribution or alimony. You can review those factors by looking at Florida Statute 61.075 (equitable distribution) and 61.08 (alimony). Though there is an identical "catch-all" factor in both statutes, I've never seen a judge use it to include abuse. If emotion abuse were used as a factor in eduitable distribution and alimony, we lawyers would probably litigate nothing else. It would still be wise to speak to a lawyer, though, and you are welcome to call me at 813-443-5249.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  5. Joseph Julius Registrato

    Pro

    Contributor Level 15

    Answered . Mr. Rose has an excellent answer. I would add to it only that judges are human, and as such they are more or less "moved" by stories of abuse. One of the factors that you will find in the equitable distribution statute is the very inclusive "any other factor necessary to do justice and equity." So judges listen, and while there is no specific space for "emotional abuse" on the equitable distribution worksheet, there is a space for it in the judge's mind. It is excellent that you are thinking ahead and seeking advice early.

  6. John Arthur Smitten

    Contributor Level 18

    Answered . Your studd will get divided 50/50. You will get alimony if you have need and he has ability to pay. Emotional abuse while upsetting will help your case very little. Contact my office for free consultation 727-446-7659

  7. Jayson Lutzky

    Pro

    Contributor Level 20

    Answered . The court looks at multiple factors in making decisions. Retain an experienced Florida divorce to lawyer to protect your rights.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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