My spouse has a free house to live in - provided by a family member

[Tom C]

This statment is on your web page Alimony and Total Assets of Each Spouse

My spouse has a free house to live in - provided by a family member
Again, existing assets that provide basic living needs may replace the need for alimony. In other words, a free house provides an argument against an award of alimony. The idea here is that resources considered by the court during an alimony case need not be marital assets. Even assets that are non-marital and not subject to division will affect an alimony decision.


Where can this be found in Florida Law.

[Attorney Howard Iken]

This is a principle developed by prior decided-cases in Florida. You will not find that precise statement in statutes.



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[Tom C]

Would this apply in my situation which is, my x-wife parents gave her $325,000.00 to pay for a house her parents built for her next to a house they built for themselves. She claims that it's not free because of the following Promissory Note. She has admitted that she has not repaid any of this at this time.

For value received, $325,000.00 The undersigned The Daughter (the "Borrower"), at #### **** Road, Orlando, Florida 32817, promises to pay to the order of The Family Trust, (the "Lender") The sum of $325,000.00 with no interest.

The unpaid principal shall be payable in periodic installments as funds are available to the Borrower in amounts available to the Borrower, beginning on _January 01, 2008_ and continuing until paid in full, or the Borrower becomes trustee of Family Trust.

[Attorney Howard Iken]

It may apply. You have some complex issues of proof with something like this.

Attorney Howard Iken
The Divorce Center
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Tampa, FL 33606
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