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Florida Statute 61.09 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
61.09 Alimony and child support unconnected with dissolution.If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.
History.ss. 1, 2, ch. 3581, 1885; RS 1485; GS 1933; RGS 3196; CGL 4988; s. 2, ch. 29737, 1955; s. 1, ch. 65-498; s. 16, ch. 67-254; s. 11, ch. 71-241; s. 116, ch. 86-220; s. 320, ch. 95-147; s. 4, ch. 2008-61.
Note.Former s. 65.09.

F.S. 61.09 on Google Scholar

F.S. 61.09 on CourtListener

Amendments to 61.09


Annotations, Discussions, Cases:

Cases Citing Statute 61.09

Total Results: 74  |  Sort by: Relevance  |  Newest First

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Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972).

Cited 53 times | Published | Supreme Court of Florida

...p. 382) "At the outset we must recognize that there is a vast difference between a contract made in the market place and one relating to the institution of marriage." This suit is for "alimony unconnected with divorce" (dissolution) under Fla. Stat. § 61.09 (1969)....
...en, just as in non-antenuptial cases, the husband need not provide temporary alimony. Similarly, suit money and attorney's fees turn on the wife's relative ability at the time of suit. Raley v. Raley, 50 So.2d 870, 872 (Fla. 1951); former Fla. Stat. § 61.09 now § 61.16, F.S.A....
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Cronebaugh v. Van Dyke, 415 So. 2d 738 (Fla. 5th DCA 1982).

Cited 26 times | Published | Florida 5th District Court of Appeal

...Summary Judgment is GRANTED and cause is DISMISSED, without prejudice to the recipient of the obligation to seek enforcement in a separate action. See: Kern v. Kern, 360 So.2d 482 (4 DCA — 1978). DONE AND ORDERED in Chambers at Orlando, Florida, this 8th day of September, 1980. [3] See § 61.09, Fla....
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Lashkajani v. Lashkajani, 911 So. 2d 1154 (Fla. 2005).

Cited 25 times | Published | Supreme Court of Florida | 2005 WL 1529936

...is wife because that was how Florida law described this obligation at the time Belcher was decided. 271 So.2d at 8-9. The statute has since been revised to require either spouse to support the other, see ch. 71-241, ch. 95-147, Laws of Fla; see also § 61.09, Fla....
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McKelvey v. McKelvey, 323 So. 2d 651 (Fla. 3d DCA 1976).

Cited 16 times | Published | Florida 3rd District Court of Appeal

...This pleading was captioned as a motion to alter or amend judgment although the allegations thereof are silent with respect thereto. After oral argument of counsel, the trial court denied same. In December 1974, Elaine moved to amend her complaint to seek as additional relief alimony unconnected with divorce pursuant to § 61.09, Fla....
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Hilton v. State, 901 So. 2d 155 (Fla. 2d DCA 2005).

Cited 16 times | Published | Florida 2nd District Court of Appeal | 30 Fla. L. Weekly Fed. D 453

Minn.Stat. § 169.71(1) (2001); Mont.Code. Ann. § 61-9-405(2)(b) (2003); Wyo. Stat. Ann. § 31-5-955(a)
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In Re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995).

Cited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

...DISSOLUTION OF MARRIAGE $ If your spouse fails to provide you and your child(ren) with support, you can ask the court to order that person to pay alimony and/or child support without requesting a dissolution of marriage. For further information, see § 61.09, Florida Statutes....
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Dep't of Revenue v. Jackson, 846 So. 2d 486 (Fla. 2003).

Cited 14 times | Published | Supreme Court of Florida | 2003 WL 1922661

...to continue making payments toward his debt. See Friedman v. Friedman, 508 So.2d 781 (Fla. 4th DCA 1987). The above policy will result in the most equitable and fair outcome for all concerned. Parents have a legal duty to support their children. See § 61.09, Fla....
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Holden v. Est. of Gardner, 420 So. 2d 1082 (Fla. 1982).

Cited 13 times | Published | Supreme Court of Florida

...There is no showing that the legislature intended to change the case law definition of head of family to expand the homestead restriction to devises made by an owner of a home who is not in fact the head of the family. The presumption that the husband is the head of family has been abrogated by the 1971 amendment to section 61.09, Florida Statutes....
...a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no minor child." [3] Note, Our Legal Chameleon is a Sacred Cow: Alienation of Homestead under the 1968 Constitution, 24 U.Fla.L.Rev. 701 (1972). [4] Section 61.09 of the Florida Statutes places a duty of support on both spouses....
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Versen v. Versen, 347 So. 2d 1047 (Fla. 4th DCA 1977).

Cited 12 times | Published | Florida 4th District Court of Appeal

...s irretrievably broken, and sought no affirmative relief such as for alimony, special equity, attorney fees, or suit money. The wife also filed a Counterclaim in two counts seeking, in Count One, "alimony unconnected with dissolution" as provided in section 61.09, Florida Statutes, and in Count Two, to set aside conveyance of certain described personal property....
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Cardenas v. Solis, 570 So. 2d 996 (Fla. 3d DCA 1990).

Cited 11 times | Published | Florida 3rd District Court of Appeal | 1990 WL 129920

...ause the underlying cause of action in Guatemala — division of marital property without divorce — is not recognized in Florida. Florida recognizes, however, an analogous cause of action for alimony and child *1000 support unconnected with divorce. § 61.09, Fla....
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Graham v. Graham, 648 So. 2d 814 (Fla. 4th DCA 1995).

Cited 10 times | Published | Florida 4th District Court of Appeal | 1995 WL 1643

...The husband continued to reside in Sumter County. The husband filed a petition for dissolution of marriage in Sumter County in January of 1994 and thereafter on February 1, 1994, the wife filed her petition for alimony unconnected with dissolution of marriage, pursuant to section 61.09, Florida Statutes (1993), in Broward County....
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Shands Teaching Hosp. & Clinics v. Smith, 480 So. 2d 1366 (Fla. 1st DCA 1985).

Cited 10 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 81, 1985 Fla. App. LEXIS 6033

...e assets of one spouse are exposed to satisfy a debt incurred by the other spouse only where the latter's assets are insufficient to satisfy the debt. Jersey Shore, 417 A.2d at 1010. [4] Manatee, 392 So.2d at 1359. [5] Parkway, 400 So.2d at 167. [6] § 61.09-.10, Fla....
...[7] We do not view section 856.04, Florida Statutes (1983) as an indication of legislative intent to retain the common law doctrine of necessaries, in light of Chapter 61. In fact, were the issue properly presented, this statute would probably not survive an equal protection challenge. [8] §§ 39.41(1)(g), 61.09-.10, 61.13, 742.031, Fla....
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In Re Est. of Melisi, 440 So. 2d 584 (Fla. 4th DCA 1983).

Cited 8 times | Published | Florida 4th District Court of Appeal

...1982). There can be only one head of a family, but since Florida law now places the duty of support on both spouses, there is no presumption of headship in the husband. Holden, 420 So.2d at 1085 n. 4; Cory v. Parks, 386 So.2d 292 (Fla. 2d DCA 1980); see § 61.09, Fla....
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Cory v. Parks, 386 So. 2d 292 (Fla. 2d DCA 1980).

Cited 7 times | Published | Florida 2nd District Court of Appeal

...Wylie, 60 So.2d 190 (Fla. 1952), and cases cited therein, and this must certainly be true in the case of a family consisting solely of a husband and wife now that the presumption that the husband is the head of the family has been abrogated by the amendment in 1971 of Section 61.09, Florida Statutes to place a duty of support upon both spouses....
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Amendments to the Florida Fam. Law Rules, 713 So. 2d 1 (Fla. 1998).

Cited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

...Where can I look for more information? Before proceeding, you should read "General Information for Pro Se Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read "General Information for Pro Se Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...__________________________, Respondent. FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
..._________________________, Respondent. FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILDREN This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
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Dennis v. Dept. of Health & Rehab. Serv., 566 So. 2d 1374 (Fla. 5th DCA 1990).

Cited 6 times | Published | Florida 5th District Court of Appeal | 1990 WL 134770

...es, against Robert to establish that Robert was the father of Victoria and obligated for her support. The action originally alleged it was brought under Chapter 742, Florida Statutes, but was amended to eliminate reference to Chapter 742 and to cite section 61.09, Florida Statutes....
...Accordingly, we hold that Victoria is a legitimate child not "born out of wedlock" and that the paternity of her father was properly established in equity without a jury trial incidental, and as a prerequisite, to a determination of child support under section 61.09, Florida Statutes....
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Time, Inc. v. Firestone, 254 So. 2d 386 (Fla. 4th DCA 1971).

Cited 6 times | Published | Florida 4th District Court of Appeal | 1971 Fla. App. LEXIS 5746

...plaintiff's divorce. The article said plaintiff had been divorced by her husband on grounds of extreme cruelty and adultery. Plaintiff sued for libel, objecting to the word adultery, because she had received alimony and under Florida Law, F.S. 1967, Section 61.09, F.S.A., an adulterous spouse may not receive alimony....
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Crider v. State, Dhrs, 555 So. 2d 408 (Fla. 1st DCA 1989).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1989 WL 149770

...ed Jones to pay as support for his wife was based upon an adjudication by the court, after consideration of all the evidence, taking into account the factors governing the making of awards for support unconnected with divorce under Florida law. See, § 61.09, F.S....
...satisfactorily explain how this 82-year-old institutionalized applicant for medical assistance could realistically be found to have the "ability to contribute" an amount which left him with only $696.90 for his own subsistence and medical needs. See § 61.09, F.S....
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Geiger v. Geiger, 632 So. 2d 693 (Fla. 1st DCA 1994).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1994 WL 57669

...g to child support and the other *694 seeking to cancel an intercept of the federal tax return of appellee Troy L. Geiger. We reverse as to both orders. Appellant Karen Geiger, along with appellant HRS, filed a petition for child support pursuant to Section 61.09, Florida Statutes....
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Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000).

Cited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

defined there. For further information, see section 61.09, Florida Statutes. Special notes ... With this
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In Re Implementation of Comm. on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure, 78 So. 3d 1045 (Fla. 2011).

Cited 4 times | Published | Supreme Court of Florida | 2011 Fla. LEXIS 3030, 2011 WL 5829543

...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
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Fernandez v. Fernandez, 710 So. 2d 223 (Fla. 2d DCA 1998).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 226159

...Connor was not decided in the context of dissolution of marriage nor did it involve the duty of support between spouses after a petition for dissolution is filed but before entry of the final judgment of dissolution. That duty is imposed by statute. See §§ 61.071 and 61.08, Fla. Stat. (1997); see also § 61.09....
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Bardol v. Martin, 763 So. 2d 1119 (Fla. 4th DCA 1999).

Cited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 1243870

...to one another. [4] To be sure, the legislature has adopted various statutory mechanisms of enforcement of the support obligation for differing *1123 contexts. As regards married parents who have decided to terminate their relationship, for example, section 61.09 provides that: "If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support or who has custody of the child or with w...
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Tullos v. Tullos, 37 So. 3d 355 (Fla. 2d DCA 2010).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7030, 2010 WL 2010846

...porting the reduction. We reverse. The husband, Paul Tullos, filed a dissolution action in 2000. In 2002, the trial court entered an order entitled "Final Judgment of Legal Separation," which required the husband to pay $1100 in monthly alimony. See § 61.09, Fla....
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Amendments to Approved Fam. Law Forms, 20 So. 3d 173 (Fla. 2009).

Cited 3 times | Published | Supreme Court of Florida

...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Husband () Wife, being sworn, certify that the following statements are true: 1. JURISDICTION () Husband () Wife () Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...__________________________, Respondent. FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 20 So. 3d 173 (Fla. 2009).

Cited 3 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 298, 2009 Fla. LEXIS 785, 2009 WL 775400

defined there. For further information, see section 61.09, Florida Statutes. Special notes... If you do
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Beers v. Pub. Health Trust of Dade Cnty., 468 So. 2d 995 (Fla. 3d DCA 1985).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 715, 1985 Fla. App. LEXIS 14029

...uding medical bills. Parkway General Hospital v. Stern, 400 So.2d 166 (Fla. 3d DCA 1981). The obligation does not exist solely in the common law, however. The Florida legislature has enacted statutes enforcing the obligation of support. According to section 61.09, Florida Statutes (1983): Alimony and child support unconnected with dissolution....
...McDonald, 392 So.2d 1356 (Fla. 2d DCA 1980); see Variety Children's Hospital v. Vigliotti, 385 So.2d 1052 (Fla. 3d DCA 1980); Fieldhouse v. Public Health Trust of Dade County, 374 So.2d 476 (Fla. 1979), cert. denied, 444 U.S. 1062, 100 S.Ct. 1003, 62 L.Ed.2d 745 (1980); § 61.09, Fla....
...Accordingly, the common law remains intact in this area. See Manatee Convalescent Center, Inc. v. McDonald, 392 So.2d 1356, 1357 (Fla. 2d DCA 1980) ("[t]he common law ... is the fountainhead of the rule that a husband is responsible for the necessaries of his spouse"). The appellee's reliance on section 61.09, Florida Statutes (1983), in its motion for rehearing is misplaced....
...an award should be made; "but this discretion is not an arbitrary one; it is a judicial discretion, to be exercised in accordance with established rules of law wisely adapted to the facts apparent in each particular case... ." Floyd, 108 So. at 898. Section 61.09 does not create any new duty on the part of one spouse to support the other....
...pport his wife"), cert. denied, 444 U.S. 1062, 100 S.Ct. 1003, 62 L.Ed.2d 745 (1980). Likewise, the majority's reliance on section 61.10, Florida Statutes (1983), is misplaced. This section (quoted in full in the majority opinion) is the converse of section 61.09....
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Khan v. Khan, 79 So. 3d 99 (Fla. 4th DCA 2012).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 190, 2012 WL 75250

GERBER, JJ., concur. . Since Belcher, both section 61.09, Florida Statutes, and the case law interpreting
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Coltea v. Coltea, 856 So. 2d 1047 (Fla. 4th DCA 2003).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 22239333

...[3] Lump sum alimony was intended to secure the payment of support by a spouse/parent with a history of refusing to pay such support. There is no hint in Bredin in 1956 that the meaning of lump sum alimony used by the trial judge in this case was ever considered. We also note that the 1955 text of what is now section 61.09 was changed in 1965 in a significant respect....
...uit money...as the circumstances of the parties may render just, and to make such other orders as may be necessary to secure to her such maintenance or contribution...." Although dissolution of marriage replaced divorce in 1971, [4] the 1965 text of section 61.09 remained unchanged until 1986, when the text was again reformulated to its current version: "the court shall enter such order as it deems just and proper." If anything in the current statute excludes lump sum alimony in cases where diss...
...[7] Rosen teaches that in fashioning an equitable remedy, a legal rule should not unreasonably restrain a trial court unless the statute makes such a rule applicable. Alimony unconnected with dissolution of marriage is a proceeding under chapter 61. § 61.09, Fla. Stat. (2001). In cases where support is sought without dissolution of marriage, the statute does not prohibit this use of lump sum alimony but instead allows the court to tailor the remedy to the facts and circumstances. See § 61.09 ("the court shall enter an order as it deems just and proper."); see also § 61.08(2) ("[In awarding alimony generally] [t]he court may consider any other factor necessary to do equity and justice between the parties.")....
...t prosecuted as in other chancery causes; and the court shall have power to grant such temporary and permanent alimony and suit money as the circumstances of the parties may render just; but no alimony shall be granted to an adulterous wife." [e.s.] § 61.09, Fla....
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Nooe v. Nooe, 277 So. 2d 835 (Fla. 2d DCA 1973).

Cited 1 times | Published | Florida 2nd District Court of Appeal

...ial court, though it may be categorized by another designation. The final judgment specifically provided that the wife was to receive regular periodic payments of alimony and added payments for child support, which entitlements are permissible under Section 61.09, Florida Statutes, 5 F.S.A....
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Schecter v. Schecter, 109 So. 3d 833 (Fla. 3d DCA 2013).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 811625, 2013 Fla. App. LEXIS 3506

(citing ch. 71-241, ch. 95-147, Laws of Fla., and section 61.09 of the Florida Statutes). . In Lashkajani
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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 173 So. 3d 19 (Fla. 2015).

Cited 1 times | Published | Supreme Court of Florida

defined there. For further information, see section 61.09, Florida Statutes. IMPORTANT INFORMATION REGARDING
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In Re Approval of Indigent Status Forms, 910 So. 2d 194 (Fla. 2005).

Cited 1 times | Published | Supreme Court of Florida | 2005 WL 1530359

...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Husband () Wife, being sworn, certify that the following statements are true: 1. JURISDICTION () Husband () Wife () Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...Husband () Wife, being sworn, certify that the following statements are true: 1. JURISDICTION () Husband () Wife () Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
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Matter of Lamerand, 17 B.R. 255 (Bankr. M.D. Fla. 1982).

Cited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 5001

...support it. See Fla.Laws 1970, C.70-4, § 4, eff. Oct. 1, 1970. When confronted with this issue, the Second Circuit Court of Appeal stated: "[T]he presumption that the husband is the head of the family has been abrogated by the amendment in 1971 of Section 61.09 Florida Statutes to place a duty of support on both spouses." Cory v....
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In Re Smith, 30 B.R. 78 (Bankr. M.D. Fla. 1983).

Cited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1983 Bankr. LEXIS 7030

...Debtor relies on the fact that her husband has no legal or moral obligation to support her children. This, however, does not diminish his position as head of the household. In re Schachne, 6 B.R. 236, 238 (Bkrtcy.S.D.Fla.1980). It could be argued that Florida Statute 61.09, which imposes a mutual support obligation between spouses in a family unit, abrogates the presumption that the husband is the head of the household....
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Weinschel v. Weinschel, 368 So. 2d 386 (Fla. 3d DCA 1979).

Cited 1 times | Published | Florida 3rd District Court of Appeal

...t for the Eleventh Judicial Circuit of Florida. The trial court dismissed both actions. The wife appeals the dismissal of the counterclaim. The central issue presented for review is whether it is essential to an action for separate maintenance under Section 61.09, Florida Statutes (1977), that (a) the marital domicile of the parties be in Florida, and (b) the parties be separated due to the fault of the party against whom the suit is brought. We hold that neither of the above is an essential prerequisite to an action for separate maintenance under Section 61.09, Florida Statutes (1977), and reverse....
...Based on these findings, the trial court dismissed the wife's separate maintenance action without reaching the merits thereof. The wife appeals. It is the established law of this state that Florida courts have jurisdiction to entertain a separate maintenance action under Section 61.09, Florida Statutes (1977), for alimony and child support unconnected with marriage dissolution brought by a non-resident of Florida who is temporarily in this state....
...243, 2 So.2d 870 (1941); State ex rel. Ferre v. Kehoe, 179 So.2d 403 (Fla. 3d DCA 1965). Moreover, it is clear that there are no fault prerequisites to an award of alimony or child support apart from marriage dissolution in a separate maintenance action brought under Section 61.09, Florida Statutes (1977)....
...who is not receiving support or who has custody of the children may petition the court for alimony and for support for minor children without petitioning for dissolution of marriage, and the court shall enter such order as it deems just and proper." § 61.09, Fla....
...(1977). As such, it is not essential to an action under this statute that the parties be separated due to the fault of the party against whom the suit is brought. This represents a departure from heretofore prevailing Florida law on the subject. Compare § 61.09 Fla....
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State, Dept. of Health & Reh. Serv. v. Hatfield, 522 So. 2d 61 (Fla. 2d DCA 1988).

Cited 1 times | Published | Florida 2nd District Court of Appeal

...5th DCA 1985), petition for review denied, 488 So.2d 829 (Fla. 1986). Under the facts of this case, Hatfield's wife and children could not have obtained support from Hatfield during his term of imprisonment because he was financially unable to provide for them during that period. See § 61.09, Fla....
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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 59 So. 3d 792 (Fla. 2010).

Cited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

defined there. For further information, see section 61.09, Florida Statutes. Special notes... If you do
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Burton v. Burton, 216 So. 2d 480 (Fla. Dist. Ct. App. 1968).

Cited 1 times | Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4711

*483has been amended and renumbered as F.S.1967, Section 61.09, F.S.A. The pertinent part of this statute now
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Neel v. Neel, 255 So. 2d 698 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5640

“alimony unconnected with divorce” under F.S.1969, section 61.09, F.S.A. But before there can be an award of
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Bocarro v. Pinto, 912 So. 2d 57 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 14302, 2005 WL 2205483

Florida resident, for child support pursuant to section 61.09, Florida Statutes. We conclude that, under the
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Feldhusen v. Feldhusen, 214 So. 2d 772 (Fla. Dist. Ct. App. 1968).

Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5049

below under § 65.09, Fla.Stat.1965, F.S.A., now § 61.09, Fla. Stat.1967, F.S.A. The appellee, defendant
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VFS Leasing Co. v. Markel Ins. Co. (11th Cir. 2024).

Published | Court of Appeals for the Eleventh Circuit

Argued: Mar 7, 2024

bank can be sued); 4 Couch on Insurance § 61:9 (3d ed. & June 2024 update) (“When
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Braverman v. Braverman, 549 So. 2d 750 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 2306, 1989 Fla. App. LEXIS 5407, 1989 WL 114457

in the support action brought below under Section 61.09, Florida Statutes (1987), the wife seeks solely
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King v. King, 240 So. 2d 326 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5591

maintenance without divorce under the provisions of Section 61.09, Florida Statutes, F.S.A. Appellant counterclaimed
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Gillette v. Gillette, 587 So. 2d 634 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 10141, 1991 WL 205835

DCA), review denied, 389 So.2d 1110 (Fla.1980); § 61.09, Fla.Stat. (1989). Finally, the wife contends that
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In Re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 205 So. 3d 1 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607

...formation? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judi...
...being sworn, certify that the following statements are true: 1. JURISDICTION _____ Husband _____ Wife ____ Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes. 2....
...re information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Jud...
...[Choose only one] _____ Husband _____ Wife, being sworn, certify that the following statements are true: 1. JURISDICTION _____ Husband _____ Wife _____ Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes. 2....
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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 96 So. 3d 217 (Fla. 2012).

Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 386, 2012 WL 1869337, 2012 Fla. LEXIS 1143

defined there. For further information, see section 61.09, Florida Statutes. Special notes ... If you
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Howell v. Howell, 545 So. 2d 933 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 1303, 1989 Fla. App. LEXIS 2961, 1989 WL 55345

the appellant filed a petition pursuant to section 61.09, Florida Statutes (1987), for alimony and child
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Wachsmuth v. Wachsmuth, 528 So. 2d 1201 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 662, 1988 Fla. App. LEXIS 869, 1988 WL 18686

court for alimony and child support pursuant to section 61.09, Florida Statutes (1985). The petition is unconnected
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Alberto Rabadan v. Ana Rabadan (Fla. Dist. Ct. App. 2021).

Published | District Court of Appeal of Florida

less net income than the Wife, in violation of section 61.09(9), Florida Statutes.
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Taylor v. McGregor, 616 So. 2d 159 (Fla. 3d DCA 1993).

Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 3602, 1993 WL 90536

reasons, we reverse. Pursuant to chapter *409 and section 61.-09, Florida Statutes (1989), HRS filed a petition
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In Re: Amendments to the Florida Supreme Court Approved Fam. Law Forms, 173 So. 3d 19 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

...formation? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judi...
...being sworn, certify that the following statements are true: 1. JURISDICTION _____ Husband _____ Wife ____ Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes. 2....
...re information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judi...
...[Choose only one] _____ Husband _____ Wife, being sworn, certify that the following statements are true: 1. JURISDICTION _____ Husband _____ Wife _____ Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes. 2....
...Wife. FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
...FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
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Campbell v. Campbell, 220 So. 2d 920 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6106

divorce under Section 65.09, F.S.1965 (now Section 61.09, F.S. 1967), F.S.A. The defendant and appellee
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Barco v. Barco, 221 So. 2d 22 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5893

extreme cruelty. In order to obtain relief under Section 61.09, F.S. 1967, F.S.A., on the grounds of a cause
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Topic v. Topic, 221 So. 3d 746 (Fla. Dist. Ct. App. 2017).

Published | District Court of Appeal of Florida | 2017 WL 2457214, 2017 Fla. App. LEXIS 8333

Unconnected with Dissolution of Marriage, pursuant to section 61.09, Florida Statutes (2014). 2 On
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In re Amendments to the Florida Fam. Law Rules of Procedure, 717 So. 2d 914 (Fla. 1998).

Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343

Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes. The Court, having reviewed
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Khan v. Khan, 115 So. 3d 1078 (Fla. 4th DCA 2013).

Published | Florida 4th District Court of Appeal | 2013 WL 3014126, 2013 Fla. App. LEXIS 9640

support unconnected with dissolution pursuant to section 61.09, Florida Statutes (2010). The wife also requested
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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 117 So. 3d 958 (Fla. 2013).

Published | Supreme Court of Florida | 2013 Fla. LEXIS 1964, 2013 WL 3334307

defined there. For further information, see section 61.09, Florida Statutes. Special notes ... If you
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Rouse v. Rouse, 212 So. 2d 650 (Fla. Dist. Ct. App. 1968).

Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5327

charge of extreme cruelty) under § 65.09 (now § 61.09) Fla.Stat., F.S.A. During the pendency of the suit
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Rosie Lee Williams Vs Roger Williams, Sr. (Fla. Dist. Ct. App. 2023).

Published | District Court of Appeal of Florida

unconnected with a dissolution of marriage under section 61.09, Florida Statutes, there is nothing in that
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Hasslacher v. Hasslacher, 650 So. 2d 166 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 975, 1995 WL 46551

denied the husband’s request to stay the order. Section 61.09, Florida Statutes (1993), governs orders pertaining
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State, Dep't of Health & Rehabilitative Servs. v. Hatfield, 522 So. 2d 61 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565

unable to provide for them during that period. See § 61.09, Fla.Stat. (1979). See also, Davis v. Davis, 371
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In Re: Amendments to the Florida Supreme Court Approved Fam. Law Forms - Nomenclature, 235 So. 3d 357 (Fla. 2018).

Published | Supreme Court of Florida

defined there. For further information, see section 61.09, Florida Statutes. IMPORTANT
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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms—Nomenclature, 235 So. 3d 357 (Fla. 2018).

Published | Supreme Court of Florida

defined there. For further information, see section 61,09, Florida Statutes. IMPORTANT INFORMATION REGARDING
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Rosen v. Rosen, 306 So. 2d 546 (Fla. 1st DCA 1974).

Published | Florida 1st District Court of Appeal | 1974 Fla. App. LEXIS 7343

the obligations of the husband to her, and under § 61.09, Fla.Stat., she may obtain monetary relief such
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Belcher v. Belcher, 256 So. 2d 75 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5570

appellant for alimony unconnected with divorce, under § 61.09 Fla. Stat., F.S.A. The parties were married on
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Nicholson v. Nicholson, 184 So. 3d 1184 (Fla. 2d DCA 2015).

Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 18938, 2015 WL 9264154

...Petersburg, for Appellant. No appearance for Appellee. KHOUZAM, Judge. Elaine J. Nicholson appeals the circuit court's order awarding her alimony from her husband, Donald Lee Nicholson, unconnected with a dissolution of their marriage. See § 61.09, Fla....
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Cooper v. Cooper, 725 So. 2d 1175 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 15889, 1998 WL 879667

intends to award adequate alimony pursuant to section 61.09, Florida Statutes (1997). I am also uncertain
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In Re Amend. to the Fla. Fam. Law Forms, 59 So. 3d 792 (Fla. 2010).

Published | Supreme Court of Florida

...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.09, Florida Statutes....
...band ( ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes....
...__________________________, Respondent. FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) This cause came before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09, Florida Statutes....
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Dover v. Dover, 241 So. 2d 740 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5494

maintenance with grounds for divorce under F.S. Section 61.-09, F.S.A., and additionally asked for attorney’s
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Friedman v. Friedman, 383 So. 2d 1100 (Fla. 4th DCA 1980).

Published | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 16761

unconnected with marriage dissolution under Section 61.09, Florida Statutes (1979), [when brought against
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Paula F. Levy v. Robert I. Levy, 268 So. 3d 811 (Fla. Dist. Ct. App. 2019).

Published | District Court of Appeal of Florida

alimony unconnected with dissolution pursuant to section 61.09, Florida Statutes. 1 The petition alleged that

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.