What if I need support, but I don’t want a divorce?
Sometimes when parties are married they choose for whatever reason not to proceed forward with a divorce but they still separate.
As there is no legal separation in Florida, one method used is to file an action called “support unconnected with a divorce” in order to receive support without filing for the divorce.
This is only used in certain situations. It is support without divorce.
Again these cases are not routinely filed but it is another option available for alimony and child support for a party to receive some support prior to a final dissolution of marriage.
The relevant Florida Statute is 61.09 and reads as follows:
“61.09 Alimony and child support unconnected with dissolution.—If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.”
61.10 is also another Florida statute which explains the adjudication of the support action:
“61.10 Adjudication of obligation to support spouse or minor child unconnected with dissolution; parenting plan.—Except when relief is afforded by some other pending civil action or proceeding, a spouse residing in this state apart from his or her spouse and minor child, whether or not such separation is through his or her fault, may obtain an adjudication of obligation to maintain the spouse and minor child, if any. The court shall adjudicate his or her financial obligations to the spouse and child and shall establish the parenting plan for the parties. Such an action does not preclude either party from maintaining any other proceeding under this chapter for other or additional relief at any time.”
– 2013 version of statute
Speak to an attorney about this area of the law as again since it is not filed very often sometimes it can be confused by some parties as being an actual dissolution proceeding rather than just a support unconnected with a dissolution of marriage proceeding.