Statistics show that almost half of all marriages end in divorce. That is why society has slowly come to accept non-traditional relationships where the dissolution might not have the same impact. Yet some couples decide to opt for legal separation rather than heading for a divorce. The reason might be religious sentiment, family pressure, tax benefits, social security credits, health insurance benefits, or children’s security. Regardless of the reason that leads you to legal separation instead of divorce, it is important that you’re aware of facts and the difference between divorce and legal separation before you sign the document.

Issue: Whether a Former Husband’s inheritance annuities, which he is not currently receiving any monies from, can be considered in determining his “income” and ability to pay alimony.


Under Florida state laws, when a couple files for divorce, it is mandatory for them to go through the mediation process if it is a contested divorce. This mandatory rule is not an attempt to try and preserve the family unit, but to facilitate the smooth sharing of custody of any children and the marital assets, especially when children are involved. The mediation process is meant to help the divorcing couples deal with the necessary processes to split their assets and child care, child support, and other expenses without resorting to acrimonious exchanges and attacks on each other.

Almost always, as divorced Dads, men are required to pay child support for their children along with alimony for their ex-wives. In some cases, even after the man has been proved as not being the biological father, courts contend that as he was the father during the marriage, he should continue to foot the bill. In recent years, after many such cases coming to light in the wake of DNA evidence, there has been uproar from men asking to be exempted from child support if the child is not theirs.

Divorce can be an unfortunate part of marriage. According to the Settlement Board, the divorce rate in Florida for the year 2005 was 9 per 1,000 marriages; more than double the national average of 3.6 per 1,000. The traditional trend for divorce, as far as alimony is concerned, has been that men have primarily accounted for the lion’s share of alimony payment. In today’s world, however, more and more women are paying spousal support. Close to 4% of alimony paid out in the recent past was paid by women. The process of determining alimony is based primarily on the income of the spouse deemed responsible to pay.