In consulting with prospective clients over the years regarding the dissolution of marriage matters, there are certain questions I am asked quite often. They are as follows:
1. If I Leave The Marital Home Is That Considered Abandonment Of Property?
The answer is no. If your name is on the deed/title to the real property, your rights are protected. I have many cases where my client has left the marital home for various reasons, even before a formal case is filed, and there is no legal action or legal theory of abandonment of real property by removing yourself from the home.
2. Can I Legally Separate From My Spouse And Still Stay Married?
Under Florida law, the answer is no. Florida does not allow for an action called legal separation. So, if you want to end the marriage, you must seek a dissolution of marriage.
3. Can My Spouse By Required To Contribute To College Funds For Our Minor Children?
If your spouse agrees to do so, then the Court will order it, but if he or she does not stipulate to continue financial contributions into any already established college fund (pre-paid program of a 529 account) after the dissolution of marriage, or does not agree to set up an account, the law in Florida does not give the court the jurisdiction or ability to order such, absent mutual agreement between the parties.
4. As Long As I Don’t Get Remarried, I Will Still Get My Alimony, Correct?
Not necessarily. While Florida does not have common law marriages, there is a provision in the law that if a former spouse that is receiving alimony or spousal support enters into what is referred to as a ‘supportive relationship’ with another, that could form a basis for the payor former spouse to seek from the court a modification or termination of alimony payments.
5. How Far Can I Move Without Being Considered A Relocation With Minor Children?
Relocation of one’s primary residence with minor children is defined as seeking to move 50 miles or more from the current location, and as the distance is looked at as the crow flies.