Florida Support Unconnected With Divorce
Section 61.09 of the Florida Statutes allows a spouse to request alimony (also referred to as “separate maintenance” or “spousal support”) and/or child support without asking for divorce.
There are various reasons why a spouse may file a case for support without asking for a divorce:
- Florida does not recognize the status of “legal separation,” so this process allows a spouse to have a trial period apart without having to make a decision regarding divorce;
- A party may not want a divorce because of religious beliefs;
- A spouse may not want to go through a divorce while his or her children are still under the age of 18 or living in the home; or
- A person may not have met the six month residency requirement to file for divorce (Florida requires that at least one party to a divorce reside in the state for at least six months prior to the filing of divorce; a proceeding for support unconnected to divorce has no such residency requirement).