Florida Statutes
Fla. Stat. § 61.09 (2025)
Alimony and child support unconnected with dissolution.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 77
cases (4 in the last 5 years), 1968–2025 · leading case: Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000).
Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000). “For further information, see section 61.09, Florida Statutes. Special notes .”
Amendments to the Florida Fam. Law Rules, 713 So. 2d 1 (Fla. 1998). “For further information, see section 61.09, Florida Statutes. Special notes.”
Topic v. Topic, 221 So. 3d 746 (Fla. 3d DCA 2017). “Shortly thereafter, the Wife flew to Miami and, on August 12, 2014, she filed a Petition for Support Unconnected with Dissolution of Marriage, pursuant to section 61.09, Florida Statutes (2014). 2 On August 13, 2014, the Husband was personally served in Florida.”
In Re Approval of Indigent Status Forms, 910 So. 2d 194 (Fla. 2005). “For further information, see section 61.09, Florida Statutes. Special notes .”
Weinschel v. Weinschel, 368 So. 2d 386 (Fla. 3d DCA 1979). “" § 61.09, Fla. Stat. (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.”
In Re Implementation of Comm. on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure, 78 So. 3d 1045 (Fla. 2011). “For further information, see section 61.09, Florida Statutes. Special notes .”
Lashkajani v. Lashkajani, 911 So. 2d 1154 (Fla. 2005). “95-147, Laws of Fla; see also § 61.09, Fla. Stat. (2004), and the courts have long interpreted the statute in a gender-neutral way.”
Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972). “" This suit is for "alimony unconnected with divorce" (dissolution) under Fla. Stat. § 61.09 (1969). [8] Neither party has asked for a divorce.”
Dep't of Revenue v. Jackson, 846 So. 2d 486 (Fla. 2003). “See § 61.09, Fla. Stat. (2001); see also, e.g.”
Holden v. Est. of Gardner, 420 So. 2d 1082 (Fla. 1982). “The presumption that the husband is the head of family has been abrogated by the 1971 amendment to section 61.09, Florida Statutes. [4] The head of the family may be either the husband or the wife and the determination of who is the head of family is a factual one.”
Coltea v. Coltea, 856 So. 2d 1047 (Fla. 4th DCA 2003). “§ 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.”
Cronebaugh v. Van Dyke, 415 So. 2d 738 (Fla. 5th DCA 1982). “[3] See § 61.09, Fla. Stat. (1979). [4] Isaacs v.”
— 61.09(9) — 1 case
Alberto Rabadan v. Ana Rabadan (Fla. 4th DCA 2021).
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