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travlin · Feb 19, 2011, 10:10 AM

Hi, I would like to see if anyone might answer a few questions: My wife has left me here in az and went to sc and is staying with her daughter, I am living in a travel trailer as we were fulltime rver's and to keep life affordable. We have been married for near 21 years and I have been disabled for 14 of them, She has worked off and on but mostly off although a very capable 55 year old.. My income is 1400.00 a month from ss disabilty and I have a disabilty policy that pays me a little more than 1000.00 per mo other than that I have a whole life insurance policy that's worth a little more than 10k..
So what I'm trying to do is keep things ammicable, We have a joint checking and all income goes there and so far she has'nt cleaned me out (what little there is) and obviously its not enough to support the both of us living seperatly so she is looking for a job. My question is this : can she take my income or part and what should I do about the whole life policy? I am not sure what to expect from her but would sure like some idea what to look out for... Thank you

AK lawyer · Feb 19, 2011, 10:20 AM

I wouldn't expect her to be able to seek alimony from you, if that's what you are asking. In fact, as I was reading the question I was expecting you to ask if you could get spousal support from her. Other members on this forum may have a better idea about whether she could touch the whole life policy, but I don't think she can. Transfer your direct deposits to an account in your name only.

What is the state of residence?

GV70 · Feb 19, 2011, 10:22 AM

File for divorce and ask for Spousal Support in Az.

If you have joint checking no one may predict what her behavior will be.

GV70 · Feb 19, 2011, 10:23 AM

Originally Posted by AK lawyer

What is the state of residence?

Arizona;)

AK lawyer · Feb 19, 2011, 10:29 AM

Originally Posted by GV70

Arizona;)

The OP didn't say. He said she left him in Arizona and that they had been full time RVers. This suggests that they may have been transient visitors to Arizona at the time they split up.

GV70 · Feb 19, 2011, 10:33 AM

Originally Posted by AK lawyer

The OP didn't say. He said she left him in Arizona and that they had been full time RVers. This suggests that they may have been transient visitors to Arizona at the time they split up.

Haha-who knows:confused:

travlin · Feb 19, 2011, 10:49 AM

Ok To clear up questions:; Our state of residence is Florida, We have been staying in az during the winter and volenteering for the forest service as a host then go north in the summer and do the same . So the whole thing is a bit twisted

GV70 · Feb 19, 2011, 12:47 PM

Divorce Support - Florida Spousal Support/Maintenance/Alimony Factors
In Florida the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:

The court may grant permanent or rehabilitative alimony to either party. The court will typically order periodic payments or payments in lump sum or a combination of both. The court may also consider marital fault, especially adultery when making an alimony award.

The court shall consider all relevant economic factors, including but not limited to: (1) The standard of living established while married. (2) The length of the marriage. (3) The age and health of each party. (4) The financial resources and assets of each party. (5) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. (6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party. (7) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties.

The court may order any spouse who is paying alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award should he or she predecease the obligated support period. (Florida Statutes - Chapters: 61.08)