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Florida Statute 61.09 | Lawyer Caselaw & Research
F.S. 61.09 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.09
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 Casetext

Amendments to 61.09


Arrestable Offenses / Crimes under Fla. Stat. 61.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.09.



Annotations, Discussions, Cases:

Cases from cite.case.law:

F. LEVY, v. I. LEVY,, 268 So. 3d 811 (Fla. App. Ct. 2019)

. . . Wife petitioned the court for alimony unconnected with dissolution pursuant to section 61.09, Florida . . . Section 61.09, Florida Statutes (2018), provides: If a person having the ability to contribute to the . . .

IN RE AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- NOMENCLATURE, 235 So. 3d 357 (Fla. 2018)

. . . Finally, we adopt two new forms for use in proceedings commenced pursuant to sections 61.09 and 61.10 . . . For further information, see section 61.09, Florida Statutes. . . . For further information,-see section 61.09, Florida Statutes. , IMPORTANT INFORMATION REGARDING E-SERVICE . . .

TOPIC, v. TOPIC,, 221 So. 3d 746 (Fla. Dist. Ct. App. 2017)

. . . 2014, she filed a Petition for Support Unconnected with Dissolution of Marriage, pursuant to section 61.09 . . . On July 1, 2015, the Wife amended her petition for maintenance under section 61.09 in order to seek a . . . untimely because it was not raised within 60 days of service of process of the Wife’s original section 61.09 . . . Section 61.09, Florida Statutes (2014), provides: If a person having the ability to contribute to the . . . In Wachsmuth, the wife, a German national, brought a petition under section 61.09 for alimony and child . . .

SIERRA CLUB, v. UNITED STATES FOREST SERVICE,, 828 F.3d 402 (6th Cir. 2016)

. . . Sierra Club asserts that the new permit provides a larger, 61.09 acre or 8.4 mile, right-of-way. . . . Sierra Club cites a final draft of the special-use permit in the record that provides the "permit covers 61.09 . . .

E. DAVIS, v. HENGEN, Co- E. Co-, 191 So. 3d 957 (Fla. Dist. Ct. App. 2016)

. . . Jackson, 846 So.2d 486, 492 (Fla.2003); see § 61.09, Fla. Stat. (2015). . . .

J. NICHOLSON, v. NICHOLSON,, 184 So. 3d 1184 (Fla. Dist. Ct. App. 2015)

. . . See § 61.09, Fla. Stat. (2014). . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 205 So. 3d 1 (Fla. 2015)

. . . For further information, see section 61.09, Florida Statutes. . . . For further information, see section 61.09, Florida Statutes. . . .

BRANDON- THOMAS, v. BRANDON- THOMAS,, 163 So. 3d 644 (Fla. Dist. Ct. App. 2015)

. . . proceedings with the trial courts: “[a] proceeding for dissolution of marriage or a proceeding under s. 61.09 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 173 So. 3d 19 (Fla. 2015)

. . . For further information, see section 61.09, Florida Statutes. . . . For further information, see section 61.09, Florida Statutes. . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . Fernandez, 710 So.2d 223 (Fla. 2d DCA 1998); see also §§ 61.071, 61.08, 61.09, Fla. . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 117 So. 3d 958 (Fla. 2013)

. . . For further information, see section 61.09, Florida Statutes. Special notes ... . . . For further information, see section 61.09, Florida Statutes. Special notes ... . . .

KHAN, v. KHAN,, 115 So. 3d 1078 (Fla. Dist. Ct. App. 2013)

. . . proceeded on her claim for alimony and child support unconnected with dissolution pursuant to section 61.09 . . . and ordered the payment of alimony and child support unconnected with dissolution pursuant to section 61.09 . . .

VICTORIA S SECRET DIRECT, LLC, v. UNITED STATES,, 908 F. Supp. 2d 1332 (Ct. Int'l Trade 2013)

. . . See EN 61.09 (emphasis added). . . . EN 61.09. . . . See EN 61.09. . . . EN 61.09. . . . EN 61.09. . . .

LERNER NEW YORK, INC. v. UNITED STATES,, 908 F. Supp. 2d 1313 (Ct. Int'l Trade 2013)

. . . The drafters of the Harmonized System used-terms for HS heading 61.09 (“T-shirts, singlets and other . . . See EN 61.09 (giving as an example of a heading 61.09 garment a T-shirt with pictures or writing). . . .

SCHECTER, v. SCHECTER,, 109 So. 3d 833 (Fla. Dist. Ct. App. 2013)

. . . Lashkajani, 911 So.2d at 1157, n. 2 (citing ch. 71-241, ch. 95-147, Laws of Fla., and section 61.09 of . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 96 So. 3d 217 (Fla. 2012)

. . . For further information, see section 61.09, Florida Statutes. Special notes ... . . . For further information, see section 61.09, Florida Statutes. Special notes ... . . .

KHAN, v. KHAN,, 79 So. 3d 99 (Fla. Dist. Ct. App. 2012)

. . . Since Belcher, both section 61.09, Florida Statutes, and the case law interpreting it have been revised . . .

In IMPLEMENTATION OF COMMITTEE ON PRIVACY AND COURT RECORDS RECOMMENDATIONS- AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE FLORIDA RULES OF JUDICIAL ADMINISTRATION FLORIDA RULES OF CRIMINAL PROCEDURE FLORIDA PROBATE RULES FLORIDA SMALL CLAIMS RULES FLORIDA RULES OF APPELLATE PROCEDURE FLORIDA FAMILY LAW RULES OF PROCEDURE, 78 So. 3d 1045 (Fla. 2011)

. . . For further information, see section 61.09, Florida Statutes. Special notes ... . . . For further information, see section 61.09, Florida Statutes. Special notes ... . . .

In AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 59 So. 3d 792 (Fla. 2010)

. . . For further information, see section 61.09, Florida Statutes. Special notes... . . .

L. BENNETT, v. R L CARRIERS SHARED SERVICES, LLC,, 744 F. Supp. 2d 494 (E.D. Va. 2010)

. . . Lucas, Moore’s Federal Practice, ¶ 61.09, pp. 61-32-61-34). . . .

TULLOS, v. W. TULLOS,, 37 So. 3d 355 (Fla. Dist. Ct. App. 2010)

. . . See § 61.09, Fla. Stat. (2000) (providing for alimony and support without dissolution). . . .

In AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 20 So. 3d 173 (Fla. 2009)

. . . For further information, see section 61.09, Florida Statutes. Special notes... . . .

M. BOCARRO, v. C. PINTO,, 912 So. 2d 57 (Fla. Dist. Ct. App. 2005)

. . . separate maintenance action against her husband, a Florida resident, for child support pursuant to section 61.09 . . .

IN RE APPROVAL OF APPLICATION FOR DETERMINATION OF INDIGENT STATUS FORMS FOR USE BY CLERKS AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE In, 910 So. 2d 194 (Fla. 2005)

. . . For further information, see section 61.09, Florida Statutes. Special notes ... . . . this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09 . . . For further information, see section 61.09, Florida Statutes. Special notes ... . . . this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09 . . .

B. LASHKAJANI, v. H. LASHKAJANI,, 911 So. 2d 1154 (Fla. 2005)

. . . to require either spouse to support the other, see ch. 71-241, ch. 95-147, Laws of Fla; see also § 61.09 . . .

COLTEA, v. COLTEA,, 856 So. 2d 1047 (Fla. Dist. Ct. App. 2003)

. . . We also note that the 1955 text of what is now section 61.09 was changed in 1965 in a significant respect . . . Although dissolution of marriage replaced divorce in 1971, the 1965 text of section 61.09 remained unchanged . . . Alimony unconnected with dissolution of marriage is a proceeding under chapter 61. § 61.09, Fla. . . . See § 61.09 (“the court shall enter an order as it deems just and proper.”); see also § 61.08(2) (“[In . . . [e.s.] § 61.09, Fla. Stat. (1955). . . . .

DEPARTMENT OF REVENUE, v. M. JACKSON, v. P., 846 So. 2d 486 (Fla. 2003)

. . . See § 61.09, Fla. Stat. (2001); see also, e.g., Cronebaugh v. . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . For further information, see section 61.09, Florida Statutes. Special notes ... . . . this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09 . . . For further information, see section 61.09, Florida Statutes. Special notes ... . . . before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09 . . . before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09 . . .

BARDOL v. MARTIN,, 763 So. 2d 1119 (Fla. Dist. Ct. App. 1999)

. . . As regards married parents who have decided to terminate their relationship, for example, section 61.09 . . .

T. D. v. K. D., 747 So. 2d 456 (Fla. Dist. Ct. App. 1999)

. . . Stat. (1997) ("A proceeding for dissolution of marriage or a proceeding under s. 61.09 shall be commenced . . .

H. COOPER, v. F. COOPER,, 725 So. 2d 1175 (Fla. Dist. Ct. App. 1998)

. . . is unclear to me whether the trial court now intends to award adequate alimony pursuant to section 61.09 . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 717 So. 2d 914 (Fla. 1998)

. . . before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09 . . . before this Court on a Petition for Support Unconnected with Dissolution of Marriage under section 61.09 . . .

D. BROWN, v. E. BROWN,, 714 So. 2d 475 (Fla. Dist. Ct. App. 1998)

. . . . §§ 61.09; 61.10, Fla. Stat. . . .

C. FERNANDEZ, v. A. FERNANDEZ,, 710 So. 2d 223 (Fla. Dist. Ct. App. 1998)

. . . Stat. (1997); see also § 61.09. . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES, 713 So. 2d 1 (Fla. 1998)

. . . For further information, see section 61.09, Florida Statutes. Special notes... . . . For further information, see section 61.09, Florida Statutes. Special notes... . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . For further information, see § 61.09, Florida Statutes. 01 To request support unconnected with dissolution . . .

HASSLACHER, v. HASSLACHER,, 650 So. 2d 166 (Fla. Dist. Ct. App. 1995)

. . . Section 61.09, Florida Statutes (1993), governs orders pertaining to alimony and child support unconnected . . .

GRAHAM, v. GRAHAM,, 648 So. 2d 814 (Fla. Dist. Ct. App. 1995)

. . . the wife filed her petition for alimony unconnected with dissolution of marriage, pursuant to section 61.09 . . .

GEIGER v. L. GEIGER,, 632 So. 2d 693 (Fla. Dist. Ct. App. 1994)

. . . Appellant Karen Geiger, along with appellant HRS, filed a petition for child support pursuant to Section 61.09 . . .

GILLETTE, v. GILLETTE,, 587 So. 2d 634 (Fla. Dist. Ct. App. 1991)

. . . Hamblen, 380 So.2d 1074 (Fla. 2d DCA), review denied, 389 So.2d 1110 (Fla.1980); § 61.09, Fla.Stat. ( . . .

DENNIS, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 566 So. 2d 1374 (Fla. Dist. Ct. App. 1990)

. . . Chapter 742, Florida Statutes, but was amended to eliminate reference to Chapter 742 and to cite section 61.09 . . . without a jury trial incidental, and as a prerequisite, to a determination of child support under section 61.09 . . .

WALKER, Jr. v. WALKER,, 566 So. 2d 1350 (Fla. Dist. Ct. App. 1990)

. . . does not provide for anything directly comparable to the judgment of separation, although Sections 61.09 . . .

CARDENAS, v. SOLIS,, 570 So. 2d 996 (Fla. Dist. Ct. App. 1990)

. . . . § 61.09, Fla.Stat. (1989). . . .

K. CRIDER, v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 555 So. 2d 408 (Fla. Dist. Ct. App. 1989)

. . . See, § 61.09, F.S. (1987). . . . See § 61.09, F.S. . . .

BRAVERMAN, v. BRAVERMAN,, 549 So. 2d 750 (Fla. Dist. Ct. App. 1989)

. . . First, in the support action brought below under Section 61.09, Florida Statutes (1987), the wife seeks . . .

HOWELL, v. HOWELL,, 545 So. 2d 933 (Fla. Dist. Ct. App. 1989)

. . . In November 1988, the appellant filed a petition pursuant to section 61.09, Florida Statutes (1987), . . . requirements are irrelevant to the appellant’s cause of action for separate maintenance pursuant to section 61.09 . . .

WACHSMUTH, v. L. WACHSMUTH,, 528 So. 2d 1201 (Fla. Dist. Ct. App. 1988)

. . . 1987, the wife filed a petition in the circuit court for alimony and child support pursuant to section 61.09 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. J. HATFIELD,, 522 So. 2d 61 (Fla. Dist. Ct. App. 1988)

. . . See § 61.09, Fla.Stat. (1979). See also, Davis v. Davis, 371 So.2d 591 (Fla. 2d DCA 1979). . . .

LUSBY, v. T. G. Y. STORES, INC. a, 796 F.2d 1307 (10th Cir. 1986)

. . . Lucas, Moore’s Federal Practice ¶ 61.09 (2d ed. 1985); 11 C. Wright & A. . . .

SHANDS TEACHING HOSPITAL AND CLINICS, INC. v. SMITH,, 480 So. 2d 1366 (Fla. Dist. Ct. App. 1985)

. . . . § 61.09-.10, Fla.Stat. (1983). . . . . presented, this statute would probably not survive an equal protection challenge. .§§ 39.41(1)(g), 61.09 . . .

BEERS, v. PUBLIC HEALTH TRUST OF DADE COUNTY,, 468 So. 2d 995 (Fla. Dist. Ct. App. 1985)

. . . The appellee’s reliance on section 61.09, Florida Statutes (1983), in its motion for rehearing is misplaced . . . Section 61.09 does not create any new duty on the part of one spouse to support the other. . . . This section (quoted in full in the majority opinion) is the converse of section 61.09. . . . 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 . . . According to section 61.09, Florida Statutes (1983): Alimony and child support unconnected with dissolution . . .

BACARDI, v. B. WHITE,, 463 So. 2d 218 (Fla. 1985)

. . . . — A judgment of alimony granted under s. 61.08 or s. 61.09 releases the party receiving the alimony . . .

C. MOUZON, Jr. v. L. MOUZON,, 458 So. 2d 381 (Fla. Dist. Ct. App. 1984)

. . . long arm statute (§ 48.193(l)(e)) applies only to independent actions for support of dependents (§ 61.09 . . .

PAGE On v. U. S. INDUSTRIES, INC., 726 F.2d 1038 (5th Cir. 1984)

. . . CLASS MONTHS NUMBER T 8/27/74 61.09 140 53.12 49 -1.53 12/3/79 51.77 116 40.41 77 -2.47 POST 1/1/69 HIRES . . .

NATIONWIDE FINANCIAL CORP. OF FLORIDA v. WILDE,, 4 Fla. Supp. 2d 112 (Fla. Cir. Ct. 1984)

. . . presumption that the husband is the head of the family has been abrogated by the 1971 amendment to section 61.09 . . .

L. GILBERT, v. J. GILBERT, SOUTHEAST BANK, N. A. v. J. GILBERT,, 447 So. 2d 299 (Fla. Dist. Ct. App. 1984)

. . . —A judgment of alimony granted under s. 61.08 or s. 61.09 releases the party receiving the alimony from . . .

In ESTATE OF J. MELISI,, 440 So. 2d 584 (Fla. Dist. Ct. App. 1983)

. . . Parks, 386 So.2d 292 (Fla. 2d DCA 1980); see § 61.09, Fla.Stat. (1981). . . .

W. CAMPBELL, v. V. CAMPBELL,, 436 So. 2d 374 (Fla. Dist. Ct. App. 1983)

. . . An original substantive cause of action for spousal support is granted by sections 61.08 and 61.09, Florida . . .

B. SCHROEDER, v. H. SCHROEDER,, 430 So. 2d 604 (Fla. Dist. Ct. App. 1983)

. . . interpretation of section 48.193(1)(e) appears to be based on the provisions of sections 61.08 and 61.09 . . .

In SMITH,, 30 B.R. 78 (Bankr. M.D. Fla. 1983)

. . . It could be argued that Florida Statute 61.09, which imposes a mutual support obligation between spouses . . .

HOLDEN, v. ESTATE OF GARDNER, a k a, 420 So. 2d 1082 (Fla. 1982)

. . . presumption that the husband is the head of family has been abrogated by the 1971 amendment to section 61.09 . . . Section 61.09 of the Florida Statutes places a duty of support on both spouses. . . .

CRONEBAUGH, v. VAN DYKE, Jr., 415 So. 2d 738 (Fla. Dist. Ct. App. 1982)

. . . See § 61.09, Fla.Stat. (1979). . Isaacs v. Deutsch, 80 So.2d 657 (Fla.1955). . . . .

N. DiNATALE v. A. LIEBERMAN, M. D. ALLEN, v. COLONIAL LABORATORY, INC., 409 So. 2d 512 (Fla. Dist. Ct. App. 1982)

. . . See, §§ 61.09 and 27.04-.06, Florida Statutes (1981); Variety Children’s Hospital, Inc. v. . . .

In LAMERAND a k a, 17 B.R. 255 (Bankr. M.D. Fla. 1982)

. . . presumption that the husband is the head of the family has been abrogated by the amendment in 1971 of Section 61.09 . . .

PARKWAY GENERAL HOSPITAL, INC. a v. STERN,, 400 So. 2d 166 (Fla. Dist. Ct. App. 1981)

. . . Foley, 247 So.2d 40 (Fla.1971); Sections 61.071, 61.08, 61.09, Florida Statutes (1979). . . .

CORY, v. O. PARKS, Jr. W. Jr. D. E., 386 So. 2d 292 (Fla. Dist. Ct. App. 1980)

. . . presumption that the husband is the head of the family has been abrogated by the amendment in 1971 of Section 61.09 . . .

C. FRIEDMAN, v. W. FRIEDMAN,, 383 So. 2d 1100 (Fla. Dist. Ct. App. 1980)

. . . whether the venue for a separate maintenance action unconnected with marriage dissolution under Section 61.09 . . . Friedman] urider Section 61.09, Florida Statutes (1979), in the Circuit Court for the Eleventh Judicial . . . reference to an action for separate maintenance unconnected with marriage dissolution under Section 61.09 . . . action brought by a wife for separate maintenance unconnected with marriage dissolution under Section 61.09 . . .

A. WEINSCHEL, v. O. WEINSCHEL,, 368 So. 2d 386 (Fla. Dist. Ct. App. 1979)

. . . presented for review is whether it is essential to an action for separate maintenance under Section 61.09 . . . neither of the above is an essential prerequisite to an action for separate maintenance under Section 61.09 . . . state that Florida courts have jurisdiction to entertain a separate maintenance action under Section 61.09 . . . child support apart from marriage dissolution in a separate maintenance action brought under Section 61.09 . . . Compare § 61.09 Fla.Stat. (1969). . . .

VERSEN, v. A. VERSEN,, 347 So. 2d 1047 (Fla. Dist. Ct. App. 1977)

. . . in two counts seeking, in Count One, “alimony unconnected with dissolution” as provided in section 61.09 . . .

J. McKELVEY, v. McKELVEY,, 323 So. 2d 651 (Fla. Dist. Ct. App. 1976)

. . . to amend her complaint to seek as additional relief alimony unconnected with divorce pursuant to § 61.09 . . .

CANNON, v. CANNON,, 323 So. 2d 9 (Fla. Dist. Ct. App. 1975)

. . . Sections 61.09 and 61.10, which deal with non-support and the rights of parties unconnected with dissolution . . .

ROSEN, v. ROSEN,, 306 So. 2d 546 (Fla. Dist. Ct. App. 1974)

. . . 61.10, Fla.Stat., she may obtain an adjudication of the obligations of the husband to her, and under § 61.09 . . .

UNITED STATES W. Jr. v. J. SCHMIDT,, 360 F. Supp. 339 (M.D. Pa. 1973)

. . . Learner, S.D.Ill.1969, 298 F.Supp. 1104, 1108. . 10 Mertens, Law Of Federal Income Taxation § 61.09 ( . . .

NOOE, v. NOOE,, 277 So. 2d 835 (Fla. Dist. Ct. App. 1973)

. . . payments of alimony and added payments for child support, which entitlements are permissible under Section 61.09 . . .

G. BELCHER, v. A. BELCHER,, 271 So. 2d 7 (Fla. 1972)

. . . . § 61.09 (1969). Neither party has asked for a divorce. . . . Raley, 50 So.2d 870, 872 (Fla.1951); former Fla.Stat. § 61.09 now § 61.16, F.S.A. . . .

A. BELCHER, v. G. BELCHER,, 256 So. 2d 75 (Fla. Dist. Ct. App. 1971)

. . . action brought by the appel-lee against the appellant for alimony unconnected with divorce, under § 61.09 . . .

TIME, INC. v. FIRESTONE,, 254 So. 2d 386 (Fla. Dist. Ct. App. 1971)

. . . objecting to the word adultery, because she had received alimony and under Florida Law, F.S.1967, Section 61.09 . . .

L. NEEL, v. J. NEEL,, 255 So. 2d 698 (Fla. Dist. Ct. App. 1971)

. . . permanent award to' the wife would have to be as “alimony unconnected with divorce” under F.S.1969, section 61.09 . . .

J. DOVER, v. D. DOVER, Jr., 241 So. 2d 740 (Fla. Dist. Ct. App. 1970)

. . . Section 61.09 provides: “61.09 Alimony unconnected with divorce. — If any of the causes of divorce in . . . Section 61.09, F.S.A., it would be improper to strike it, unless it can be said as a matter of law that . . . Section 61.09, F.S.A., depend either on the existence of grounds for divorce or upon need coupled with . . . or § 61.10, the elements of proof necessary to establish a claim under § 61.09 are distinct from the . . . Since as we have indicated above, her failure to raise her Section 61.09 rights now may bar her from . . .

KING, v. KING,, 240 So. 2d 326 (Fla. Dist. Ct. App. 1970)

. . . Appellant was sued by appellee for separate maintenance without divorce under the provisions of Section 61.09 . . .

SELLARS, v. LOGAN TOWING COMPANY,, 414 F.2d 852 (8th Cir. 1969)

. . . See Moore, Federal Procedure, para. 61.09.’” The same principle applies here. . . .

H. MARLOWE, Jr. v. GARDEN SERVICES, INC., 411 F.2d 473 (5th Cir. 1969)

. . . See generally 7 Moore, Federal Practice jf 61.09 (2d ed. 1968). . . .

B. CAMPBELL, v. D. CAMPBELL,, 220 So. 2d 920 (Fla. Dist. Ct. App. 1969)

. . . 7 January 1966 seeking alimony unconnected with divorce under Section 65.09, F.S.1965 (now Section 61.09 . . .

C. BARCO, v. M. BARCO,, 221 So. 2d 22 (Fla. Dist. Ct. App. 1969)

. . . In order to obtain relief under Section 61.09, F.S. 1967, F.S.A., on the grounds of a cause of divorce . . .

BURTON, v. C. BURTON, 216 So. 2d 480 (Fla. Dist. Ct. App. 1968)

. . . Section 65.09, F.S.A., has been amended and renumbered as F.S.1967, Section 61.09, F.S.A. . . .

E. FELDHUSEN, v. L. FELDHUSEN,, 214 So. 2d 772 (Fla. Dist. Ct. App. 1968)

. . . appellant-plaintiff filed her complaint in the court below under § 65.09, Fla.Stat.1965, F.S.A., now § 61.09 . . . on appeal is whether or not a wife has a right to adjudication of alimony and child support under § 61.09 . . . amended these two sections by consolidating them into one section, numbering it 65.09, which is now 61.09 . . . , and reads as follows: “61.09 Alimony unconnected with divorce. . . . Wood case supra, construing § 65.09 as it existed prior to 1965 is still applicable to the present § 61.09 . . .

L. ROUSE, v. B. ROUSE,, 212 So. 2d 650 (Fla. Dist. Ct. App. 1968)

. . . for alimony unconnected with divorce (based on the charge of extreme cruelty) under § 65.09 (now § 61.09 . . .

GENERAL INSURANCE COMPANY OF AMERICA, v. HERCULES CONSTRUCTION COMPANY, a HERCULES CONSTRUCTION COMPANY, a v. GENERAL INSURANCE COMPANY OF AMERICA,, 385 F.2d 13 (8th Cir. 1967)

. . . .) § 61.09. . . .

CONSOLIDATED SUN RAY, INC. v. R. LEA T. R. Co., 276 F. Supp. 132 (E.D. Pa. 1967)

. . . the remainder with 11 other companies, the bulk of the risk being assumed by Lloyds’ Underwriters (61.09% . . .

MINNESOTA MUTUAL LIFE INSURANCE COMPANY, a v. M. WRIGHT,, 312 F.2d 655 (8th Cir. 1963)

. . . See Moore, Federal Procedure, para. 61.09. In Homan v. . . .

GUARANTY EMPLOYEES ASSOCIATION, v. UNITED STATES, 241 F.2d 565 (5th Cir. 1957)

. . . 305 U.S. 188, 194, 59 S.Ct. 155, 83 L.Ed. 119; Mertens Law of Federal Income Taxation, Vol. 10A, §§ 61.09 . . .

COLORADO MILLING ELEVATOR CO. v. GLENN,, 118 F. Supp. 943 (W.D. Ky. 1954)

. . . Logan Murray Grocery Co 1,174.50 Otter & Co., Inc. 42.00 Richardson Grocery Co 68.75 Raymond Sales Co 61.09 . . .