Alimony without dissolution of marriage and disability

[joepixel]

What is the name of your state? Florida

My wife and I have been married 4 years next month. I left her in mid November. She wants alimony but not a divorce. (I do want a divorce.) But, she is the one with all of the assets. I have literally none. She owns the home worth about $230,000, (she has approx. $100,000 in equity). She bought the home 7 years before I met her. I paid the mortgage for the past 4 years. She became legally disabled during our marriage from pre-existing diseases she had before I met her. She is making $1000 per month on disabilty but that is not enough to pay the bills. But, she was able to pay the exact same bills before I met her by renting 2 of the 3 bedrooms. Her prior job was bringing in less than $12,000 per year. I have about $400 to play with at the end of each month after bills.

My questions:
Can she actually get alimony based on the above, especially since we were married for only 4 years?
If so, how much do you think she can get?
Would it help if I filed for divorce before the alimony hearing?
Shall I tell her attorney that the only assets I have is the equity in the home and that I will ask for it in order to pay the alimony?

Any advise is much appreciated.

[bulldogg70]

An alimony hearing??? are you talking about a temp. order hearing??? You all where married for 4 years. You have some decent arguments here, however, at worse case scenario I could not see her getting more than two years alimony, if that. However, if she is really as bad as you described the court could show a littel sympathy towards her at your cost.

[LdiJ]

Originally Posted by joepixel

What is the name of your state? Florida

My wife and I have been married 4 years next month. I left her in mid November. She wants alimony but not a divorce. (I do want a divorce.) But, she is the one with all of the assets. I have literally none. She owns the home worth about $230,000, (she has approx. $100,000 in equity). She bought the home 7 years before I met her. I paid the mortgage for the past 4 years. She became legally disabled during our marriage from pre-existing diseases she had before I met her. She is making $1000 per month on disabilty but that is not enough to pay the bills. But, she was able to pay the exact same bills before I met her by renting 2 of the 3 bedrooms. Her prior job was bringing in less than $12,000 per year. I have about $400 to play with at the end of each month after bills.

My questions:
Can she actually get alimony based on the above, especially since we were married for only 4 years?
If so, how much do you think she can get?
Would it help if I filed for divorce before the alimony hearing?
Shall I tell her attorney that the only assets I have is the equity in the home and that I will ask for it in order to pay the alimony?

Any advise is much appreciated.

Its tricky....and you may not come off very sympathetic in court. You married her knowing about her health issues. She becomes disabled and the you leave her. Its possible that she may get some temporary alimony.

You on the other hand would be entitled (in the property settlement) to 50% of the amount that the home's equity increased during your marriage.

If you walked out with warning and left her stuck with the bills it could go harder against you....if you have a girlfriend that might hurt you too (it isn't supposed to...but with the disability issue etc. it could get murky).

You need an attorney.

[joepixel]

I haven't been able to find an attorney because of the holidays and the fact that I was served on December 22nd. Can I ask for a continuance? If so, is there anything I need to know in order to do this? Thanks for all of your help. I really appreciate it!

[bulldogg70]

Originally Posted by joepixel

I haven't been able to find an attorney because of the holidays and the fact that I was served on December 22nd. Can I ask for a continuance? If so, is there anything I need to know in order to do this? Thanks for all of your help. I really appreciate it!

Look you have so many days after being served to respond minus the holidays, find out what court procedures require. Do not reck your holidays over this but at the same time do not waste time. Usually, and I did not look Fla. rules up, you have 25 calander days to respond.