What is fastest way to make spouse move out?

[ktkb0611]

I want divorce; husband does not. We've been married 10 years. I'm 46 and he's 49. We both worked for 1st four years of marriage, then he didn't work at all for 4 yrs. while trying to get SS disability. He started receiving disability in 2008. While he was out of work, I went back to school to earn my BS so I could get better paying job to support us. I now make $49K to his $13K annually. However, he has drug problem and recent arrest. How can I make him move out? Do I have to actually start the process? Can I get some type of temporary order? Also, with his drug & criminal history, is it still likely he'd get alimony (and part of my 401K to which I started contributing after we married). Does he have to ask for alimony to get it, or could a judge simply order it?

[Attorney Cheri Hobbs]

If you have a legitimate fear for your safety then you can file a Domestic Violence Injunction. If you simply want him to leave then file for Divorce, have him served and he will have 20 days to respond. You can ask the court for temporary and exclusive use of the marital residence. If neither of you plead for alimony then the court cannot order it. But if he files for support then the court will address the issue. In Florida, both parties are entitled to one-half of the retirement, 401(K), IRA, pension etc. that are contributed to during the marriage. You can have an agreement where one party waives their interest.