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Does a husband have to support his wife during separation in Florida?

Posted by Antonio G. Jimenez, Esq. | Apr 20, 2023 | 0 Comments

In Florida, a husband is not legally required to support his wife during separation. However, if the couple has minor children, either spouse may be entitled to receive child support based on the child's needs and the parent's financial resources. Additionally, if the couple has entered into a prenuptial agreement or a postnuptial agreement that includes provisions for spousal support during separation, the court may enforce those terms.

If a wife is seeking financial support from her husband during separation, she may be able to file a motion for temporary support. This would require her to show a need for financial support and her husband's ability to provide it. The court may then order the husband to pay temporary support while the divorce is pending.

It's important to note that if the couple ultimately gets divorced, the court may order spousal support, also known as alimony, to be paid by one spouse to the other. The amount and duration of alimony would depend on various factors, including the length of the marriage, the financial resources of each spouse, and the standard of living established during the marriage.

There is one major caveat: Both parties must maintain the status quo. Whatever expenses were being paid during the marriage, the party paying those expenses must continue to do so. Neither party can cancel bills, insurance, or close accounts.

If you are going through a separation or divorce in Florida and have questions about spousal support or child support, it's recommended to consult with an experienced family law attorney who can provide legal advice based on your specific circumstances.

About the Author

Antonio G. Jimenez, Esq.

Managing Attorney and Founder

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