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Florida Family Law

How to Protect Your Rights to Alimony

Domestic Violence Myths

 

By Lauren Brusca | Family Law Attorney
Posted on November, 13 2017

For many couples, divorce does not necessarily mean the end of the relationship. There are a lot of complex factors involved such as children, property, and finances that need to be addressed even after the marriage is over. One of the most complicated and continuous factors is alimony, also known as spousal support.

Alimony is money that one spouse is ordered to pay to the other during the divorce or for a certain length of time once the divorce is final. Every couple’s divorce conditions are different, and a judge has the power to design orders and award alimony based on various situations. Working with an attorney at The Roberts Family Law Firm will ensure your rights are protected.

Our skilled divorce attorneys in Orlando have extensive experience in alimony matters and will work hard on your behalf, making sure you are aware of all your options. We are dedicated to protecting individuals who have sacrificed their own financial circumstances for the interest of the marriage, and want you to receive everything you are entitled to when getting a divorce.

What is Alimony?

Alimony usually consists of monetary payments met by two conditions. According to the 2017  Florida Statutes, the court will determine whether either party needs support and whether either party can pay that support. If the court finds the party does need alimony, and the other party can pay the alimony, all relevant factors will be used to decide the proper type and amount of alimony that will be awarded.

What types of Alimony are recognized in Florida?

  • Temporary alimony is granted on a provisional basis while going through divorce procedures and can be set up under certain requirements, on a more continuing, permanent basis.
  • Permanent alimony typically results from a marriage longer than 17 years and is designed to provide for a spouse unable to meet their needs after a divorce.
  • Durational alimony may never exceed the length of the marriage and usually grants support for short-term marriages under 7 years or moderate-term marriages 7-17 years.
  • Rehabilitative alimony will be awarded if a rehabilitative plan is in place, and will help aid a party who needs to gain or redevelop skills or credentials to support themselves while trying to become employable.
  • Bridge-the-gap alimony is designed to assist a party for no longer than two years while transitioning from being married to unmarried.

Factors Used in Florida by a Judge to Award or Deny Alimony

At The Roberts Family Law Firm, we understand how important alimony is when getting divorced, whether you are determined to be the payor or recipient. Once the court decides there is a need for alimony, and the other party can pay, the judge will consider the following factors to help determine payments.

  • The marital standard of living
  • The length of the marriage
  • Age and physical and mental conditions of each spouse
  • Financial resources of each spouse, including the need and the ability to pay
  • Each spouse’s education, work experience, employability, and earning capacity
  • Tax consequences of the alimony award
  • Responsibilities each spouse will have regarding their children
  • Adultery

Florida is a "no-fault" divorce state, meaning either party may seek a divorce without having to prove why beyond the fact they do not want to be married to each other anymore. The spouse pursuing a divorce needs to merely state that the marriage is “irretrievably broken.” This requirement spares either party from having to bring up painful personal issues and relieves the court of having to decide who is at fault.

Let Our Orlando Alimony Lawyers Examine Your Case

At The Roberts Family Law Firm in Orlando, we know that spousal support is one of the most difficult details to work through during a divorce. It’s likely that a person will argue why he or she should receive payments, while the other person argues why they shouldn’t have to make payments. Even more difficult, is there are no guidelines set in regards to how much should be paid.

The best thing you can do is be proactive, learning about spousal support and your legal rights as your divorce case moves forward. Call us at 407-426-6999 or fill out the online form located on this page and we will contact you shortly. We will examine your case and work closely with you to make sure we get the best possible outcome for you and your family during this complicated time.

Orlando Family Law Attorney Lauren Brusca

Lauren Roderick Brusca
Family Law Attorney

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