I want alimony!

Hi,

I got married June 2007 in Davie, Florida. One year and one day after, I found out via text message that my husband was seeing another person in Jamaica.

I live in the city of Miramar while my estranged husband lives in Jamaica - where he always was. We have been separated since June 2008.

He said he wanted a divorce to which I agreed. I sent him an original copy of the marriage certificate but, to date, he has not filed for a divorce. I asked a family member to find out for me what was happening since we do not speak. His reply was that he'll file when he is ready, as he was too busy and he doesn't have any money right now.

He has not sent any money to me or anything since he left in 2008 and began living in Kingston with the woman he had cheated on me with.

My question is, since we got married in Florida and he is living in Jamaica - he is not a resident/citizen of the United States (US) - what benefits can I receive from him?

We don't have any children but I lost my house in Florida because of him not sending money. I am not being mean about what happened, but I would like monetary spousal support and any other benefit I can receive.

Thank you and anxiously awaiting your reply.

KM

Dear KM:

Sorry that your marriage did not work out. Under the laws of the State of Florida, you would not be entitled to any alimony (spousal support) from your husband after a divorce. Alimony in Florida is based on the requestor's need and the other party's ability to pay. Additionally, alimony is usually an issue in a marriage of long duration, 10 years or more. In reality, your marriage was viable for only one year and your husband did not live in the US.

You indicated your husband has not yet filed for divorce in Jamaica. You do not need to wait on your husband to file for divorce in Jamaica; you can file for divorce in Florida. Since you have been living in the State of Florida and Broward County, for more than six months, the Florida courts have jurisdiction to hear your case. If you know where your husband is living in Jamaica, you can have a process server serve him a summons along with the divorce papers. Once he receives the documents, he would have to file an answer within a certain period of time or you would receive a default judgment against him in the Florida courts.

If you do not know where your husband is living in Jamaica, you can divorce him by publication. You would be required to file your divorce in Broward County and publish the divorce in Florida and in Jamaica in the newspapers. After the notice runs in the papers, you could obtain a default judgment from the clerk of the court in Broward County, and then set your case for a final hearing before the Family Court judge.

Additionally, I recommend consulting with a divorce lawyer in Jamaica to see if the courts in Jamaica would have jurisdiction to hear your petition, and whether the laws in Jamaica would afford you any spousal support under the circumstances.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practices in Florida in the areas of immigration, family, corporate and personal-injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com or editor@gleanerjm.com.