Florida Alimony and Child Support Unconnected with Dissolution of Marriage (with or without parenting plan)
Frequently Asked Questions
Legal matters are complex. Questions about alimony, child support, or potential alimony or child support awards are very fact specific. If you have questions or concerns about your specific circumstances, it is strongly recommended that you speak with a qualified Florida family law attorney.
The information on this page is for informational purposes only and does not constitute legal advice.
What is alimony and child support unconnected with dissolution of marriage?
Section 61.09, Florida Statutes, permits a married person to seek alimony or child support when the other spouse has the ability to contribute to the support and fails to do so.
Do I have to ask for both alimony and child support?
No. Section 61.09, Florida Statutes, uses the word “or” so the petitioner in this case can ask for alimony or child support or both.
What if we have children? Can the court also establish a parenting plan?
Yes. Section 61.10, Florida Statutes, permits the court to establish a parenting plan for spouses who are residing in Florida apart from each other but do not wish to seek or are not seeking a dissolution of marriage.
If the court enters an order for alimony or child support under either of these statutes, will I be divorced?
No. These laws permits someone to ask for alimony or child support (without or without a parenting plan) without getting divorced. Therefore, the parties will still be married even after entry of a final judgment has been entered.
If I file a petition under either of these statutes, will the court divide up our assets and liabilities, too?
No. If a petition is filed under either of these statutes, the petitioner may only request alimony or child support or both (with or without a parenting plan). The parties will still be married after entry of a final judgment of support has been entered and their assets and liabilities will not be affected.
If I file a petition under either of these statutes, can I still get divorced later?
Yes. Obtaining a final judgment under either of these statutes does not prevent a person from seeking a dissolution of marriage later on.