QUESTION
Wife took child and abandoned husband and moved out of state. Has been gone for 5 years. Is she still eligible for alimony?
Asked on Sep 22nd, 2018 on Family Law - Florida
More details to this question:
While at work one day my wife hired movers and removed household items from our jointly owned home. She also took my child (16) without my knowledge of either leaving or taking our child. She left the state of Florida and moved to New York. We have had minimal contact since she left and moves frequently so it's hard to keep up with where she is at a given moment (she suffers from mental illness). We were married over 20 years and she has been gone for 5 years. I received a letter from her lawyer saying he wanted to discuss alimony and division of property and no actual divorce papers were included. I plan on finding a lawyer within the next week or so to file the papers. Since I am retired from the military I know she will receive 1/2 of my retirement benefits which I feel are justified and due to her. After abandoning the home and marriage for 5 years I do not feel she is entitled to alimony.or medical. She wants to be sole beneficiary for life insurance but i think my children should
2 ANSWERS
Dear Mr. Briggs:
Under Florida law, alimony is based on the need of one party to receive it and the ability of the other party to pay. Since your wife has been gone over five years, and presumably has not received support from you during that time (although you do not say one way or the other) there is certainly a strong argument that she does not have a need for alimony.
Also, you indicate that your are retired from the military, and if you are also retired and of "retirmeent" age, if you are depending on your military pension for your income, then you may not (after dividing it with her) have an ability to pay alimony, even if she has a need.
These are just general parameters. There is no hard and fast correct answer to your questions, and you should consult with an attorney who could review more of the facts of your specific case and guide you accordingly.
If you are in the South Florida area feel free to contact our office.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca/Miami-Dade
954-316-3496
Answered on Sep 23rd, 2018 at 6:55 PM
Family Law Attorney serving Coral Gables, FL
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David B. Mitchell, P.A.
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Thank you for your multi-faceted question.
Your military pension issue is important. After 20 years of marriage, she is entitled to a share of your pension, perhaps half. That will depend on how long you were in service during the course of your marriage. I would refer you to a specialist in Florida on military divorce, Capt. Peter Cushing (USN Ret'd.) who practices military family in Tampa. He is a retired JAG and we have used him before on military pension cases and he is good.
Let's move to the property division questions (referred to as ‘equitable distribution’ in Florida). Yes, she may be entitled to one-half of the marital appreciation of any assets you had prior to the marriage under certain circumstances. (For example, if marital efforts or money were used to improve the asset.) And she may be entitled to one-half of the equity (fair market value less debts, such as a mortgage) in any marital asset. You should begin with the valuation at the date of marriage (or, if purchased during the marriage, the date of purchase) and end with the date she separated from you due to the long five-year separation. You may need an accountant and/or appraiser to assist you here.
Finally, alimony. I would argue strongly that as she has been gone for five years, she should have moved on with her life including securing any employment. After the equitable distribution which will include the military pension, she may not need any alimony.
These are not simple issues and I would highly recommend securing legal counsel to assist you prior to even answering her attorney's letter. It is time for one of you to file for divorce and end the relationship.
Good luck!
Answered on Sep 23rd, 2018 at 3:05 PM