Entitled to Alimony?

[JenMatteo]

Here's the scenario:

Husband - works full time for a government entity. Has been employed by same for 4 years. Has been going to night school working on his bachelor's degree for 2+ years. Wife - doesn't work presently. Employment history as a server and cashier. Recent graduate with a bachelor's degree (graduated in May). Lives with her parents presently. Couple lived with her parents for over a year prior to separation due to financial difficulties. They have a son who just turned 8. Married just shy of 8 years at the time of separation in October of last year (anniversary 12/31).

Couple has marital debt - credit cards, most of which are in his name. He alleges she opened the accounts in his name without his knowledge or consent, but regardless they are marital debt.

She indicates she is going to seek alimony. Again, she has a college degree (he does not) so her earning potential is much higher than his at this point. She refuses to get a job and thinks he should support her while she stays at home, just as he did during the marraige while she was going to school.

Her chances of prevailing are....???

(this is my boyfriend). I work in law, but not family law. I don't think she stands a chance, but am trying to set his mind at ease.

[Attorney Cheri Hobbs]

I would strongly recommend that your boyfriend meet with an attorney for a consultation to discuss in greater detail.

Florida law would state that the parties' have a gray area (short term marriage is 7 years and long term is 17 years) marriage in length. She is most likely not going to get alimony for greater than a couple/few years. She would have to prove a need for support (not that she just doesn't want to work) and prove that he has the ability to pay. Any/all marital debt (including credit cards) and assets are split 50/50 as a starting point for Equitable distribution. It is likely that she would make a strong argument for bridge-the-gap alimony or temporary alimony but would have difficulty in getting durational or rehabilitative. For a more in depth explanation of alimony please feel free to visit Alimony | Calculations for Alimony Payments | Alimony Calculator | modification of Permanent Alimony