QUESTION
If I divorce my spouse and we are on different income levels, am I entitled to any of their assets?
Asked on Feb 09th, 2015 on Divorce - Florida
More details to this question:
I'm separated from an abusive same sex marriage and I would like to know if I'm under the poverty income level (and now homeless) but if my spouse is well over the upper middle class income bracket and property was bought after the marriage (without my name on the said property), am I entitled to any of their monetary assets?
5 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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My understanding is that a same sex couple has no special rights in a dissolution of marriage. You have the same right to spousal support/alimony as any other spouse. You need to review Equitable Distribution and Spousal Support in Chapter 61 of the Florida statutes.
Answered on Feb 11th, 2015 at 5:47 PM
When you get divorced, all assets (items you own during your marriage) will be divided. I would suggest you go through a Mediator in order to work out what items you will keep and what items she will keep. Good luck.
Answered on Feb 11th, 2015 at 6:55 AM
John Arthur Smitten
Potentially you have a claim for alimony based upon this fact pattern, yes. Use of a lawyer is recommended.
Answered on Feb 11th, 2015 at 5:18 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It depends upon the length of the marriage and the standard of living during the marriage, as to the possibility of alimony. Any assets acquired by either spouse during the marriage are marital assets, and are subject to equitable distribution. The very best thing to do is go see a family attorney in your area. You can even call and set up free appointments with many.
Answered on Feb 11th, 2015 at 3:26 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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In Florida, you are entitled to half of any assets that were acquired during the marriage, regardless of whose name the asset is in. This includes any retirement monies that he may have accrued during the marriage.
Answered on Feb 10th, 2015 at 6:27 PM