This is the next post in my series on the possibilities of legal separations in Melbourne and elsewhere in Florida. My last article discussed how a post-nuptial agreement can protect spouses who have separated. This protection comes in the form of ensuring that assets and debts remain separate after the parties have gone their separate ways. While Florida does not allow for legal separations, a post-nuptial agreement can offer many of the same protections. In this article I will discuss the possibility of filing a Petition for Support against a spouse from whom one has separated. If you need assistance with filing such a Petition then contact my Melbourne office today to speak with a lawyer.
Florida is different from many other states in that it does not allow for legal separations. Such separations, in states which allow them, provide for the payment of spousal support and child support. If a parent does not meet their obligations to make the court ordered payments then they may be found in contempt. Since Florida does not allow for legal separations then this means that there is no mechanism by which the Court may order the payments as part of the spouse’s initial split. There are, however, options for a spouse in need of support.
Under Florida law a breadwinner can be required to make spousal and child support payments to one from whom they have split. A spouse in need of financial assistance may file a Petition for Support with the Court. A hearing will be held and the Judge will determine if support is warranted. If the Judge finds that support is warranted then an order for such support will be issued. If the paying party fails to meet their obligations then a Petition can be filed with the Court to hold them in contempt. So while the parties may not enter into a legal separation which will define financial obligations from the beginning of the split, a Florida spouse does have options in regards to obtaining financial assistance.
If you have separated from your spouse and need to file a Petition for Support then contact my Melbourne office today to speak with a family law attorney. I am experienced in handling such matters. I will use your initial consultation to help you understand your options and we will take steps to get your case moving as quickly as possible. We are ready to assist you.
We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.