When most people think of asking for alimony or child support, they assume it is in connection with divorce. However, that’s not always the case.
In Pasco County (Florida Statute Section 61.09, “Alimony and child support unconnected with dissolution”), a spouse can request the court award alimony and/or child support even if a divorce isn’t requested.
More specifically, the law provides that if a person has the ability to pay for his or her spouse’s support, and the support of his or her minor child, and fails to do so, the spouse who isn’t receiving the support can request from the court an award of alimony or child support, or both. The court can then order alimony if it determines that such an award would be proper.
Although it is allowable for a spouse to receive alimony or child support without a divorce, obviously this would only be done in an unusual situation. If the family is residing together harmoniously, there is no need for alimony or child support to be awarded in most cases. If a couple has split, normally there is a request for alimony and child support as a part of the divorce.
Only in an unusual situation would a spouse request alimony or child support without seeking a divorce. If a couple was separated and hoped to reconcile, but one spouse still needed support until the reconciliation or divorce occurred, he or she may ask for alimony or child support without filing for divorce. This statute could apply in similar situations.