Financial Affidavit - Florida Divorce

by Paul from Orlando, Florida, Orange County

Financial Affidavit - Florida Divorce:
I am filing for a divorce in Florida. Our only assets are a car, truck and our house. The house is in foreclosure proceedings. Do I list the mortgage on both parties financial affidavit?

Also, neither party is paying rent or the mortgage payment at this time.

Do I leave that line blank? And as far as the utilities, do I just split those down the middle? If both parties are on Social Security is the wife eligible for alimony?

Answer to Florida Court Forms Florida Divorce Question

Dear Paul,

The Family Law Financial Affidavit should be completed for each party in a Florida divorce case. In other words, you should complete your own financial affidavit, and your wife should complete her own financial affidavit.

Having said that, the income and expenses are your own income and expenses. If you are living in the same household, then your household expenses should be your portion. Dividing them in half is a common way of dividing expenses.

The fact that your home is in foreclosure and you are behind in your mortgage payments does not mean you should exclude the mortgage from your household expenses portion of the Family Law Financial Affidavit. You should list all income, expenses, assets, and liabilities (debts).

To answer your second question concerning alimony, there are many factors that can determine an award for alimony that a judge will consider. The fact that you are both on SSI does not disqualify any party from consideration in alimony.

Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it.

If you want alimony, you must request it in writing in the original petition or counterpetition.

If you do not request alimony in writing before the final hearing, it is waived (you may not request it later).

You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

If you think alimony may be an issue in your case you might want to discuss this with an attorney. See our Florida legal resources page for information about free and low cost legal services.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
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