Family and Wealth Planning

Q.: Can I have my marriage annuled because my husband lied to me?

A.: The Answer to that questions is most likely no. Lying alone is not a legal reason to have a marriage annulled. As a difference, a divorce legally ends the person’s marital status of being married, while an annulment declares, what everyone thought as a marriage, never existed. After an annulment, in legal terms, the marriage never existed.

In Florida, getting a marriage annulled is a difficult and uncommon event. The statutes do not set the law in Florida for annulment, the law is based on prior court decisions (or precedent). Some of the basis for annulment are: bigamy, incest, incapacity (such as: being underage or lacking mental capacity to consent to marriage, etc.), if the marriage was not consummated, fraud or misrepresentation if the fraud or misrepresentation goes to the essence of the marriage, one or both parties entered into the marriage only because of duress (extreme coercion or even force), impotence of one of the spouses that impedes the consummation of the marriage. In most events when the marriage has been consummated, it is very difficult to obtain an annulment of the marriage as consummation cures many of the above described reasons for the annulment. Florida courts are not very amenable to granting annulments. It is normally easier to obtain a divorce. However, there are circumstances when an annulment will be appropriate. It shall be appropriate to consult with a lawyers who can determine if your situation is right for an annulment of not.

The above questions comes from a reader who asked if she could annul her marriage because the husband lied to her about having children. A full review of all the facts would be necessary to be able to answer the question and to have a better idea if the courts would consider an annulment. If the lie was the only reason why she married him, then it may be a possibility. She would, however, have to prove that his lie goes to the essence of the marriage, more specifically that he fraudulently induced her, using that specific lie, to marry him (not an easy task). A change of heart of the husband may not be reason enough to annul the marriage. A divorce would possibly be the right choice under the circumstances.

Yahima Suarez, A Law Firm, PL
yslawyers.com
305-456-7158

Proudly Representing Clients in Family, Immigration, Probate and Guardianship cases.
Proudly Representing Clients in Family, Immigration, Probate and Guardianship cases.

 

Family and Wealth Planning

Do I have to pay for my spouse’s health insurance after we divorce?

Am I liable for my spouse’s healthcare costs after the divorce if we were married for at least 10 years?

Income and debts acquired during the marriage are marital, in the absence of a pre-nuptial agreement. If the debt was acquired during the marriage, either for payment of medical bills, or other expenses, it may be divided equally between the parties or not depending on the circumstances of the case. A spouse may be responsible for paying the other spouse’s health insurance after the divorce if they both agree (and it is included in the marital settlement agreement) or if it is ordered by the Court as part of alimony. The amount of time the parties were marriage will play an important factor for determining if the spouse is entitled to receive alimony.

It is always advised to hire the services of an attorney to make sure to understand what his/her responsibilities are beyond the divorce. The spouse’s responsibility after the divorce will be controlled by the provisions of the parties’ marital settlement agreement and/or the Final Judgment.

Yahima Suarez, A Law Firm, PL
yslawyers.com
305-456-7158