Alimony in Florida is intended to provide financial support to one of the parties following a divorce. Alimony can be a sensitive issue, as most people do not want to have to support the other party following a divorce. That said, whether you’re looking to receive alimony or are being asked to pay it, it’s paramount to have a team of seasoned Tampa divorce lawyers in your corner who can effectively represent your interests. Contact Tampa Law Group today.
Alimony Lawyers: Representing Clients in Tampa & Throughout Florida
When faced with the possibility of divorce, couples often have a wide range of questions regarding alimony, including:
- Will I have to pay my spouse alimony?
- How much alimony could I be ordered to pay to my spouse?
- If I have to pay my spouse alimony, how long will I have to pay alimony?
These are all understandable questions to have, and the truth is, each case is different. This is why it’s important to have a team of competent alimony lawyers in your corner who can assess your case, and, from there, promptly address your questions and concerns.
How Do Courts Determine Alimony in Florida?
In determining whether to award alimony, the court must first conclude that one party has a need to receive alimony and that one party has the financial ability to pay alimony. Once it has been shown that one party has the need for alimony and that one party has the ability to pay alimony, the questions become which type of alimony is appropriate and what amount of alimony is appropriate.
When determining the type and amount of alimony to award, the court will consider multiple factors, including but not limited to:
- The Duration of the Marriage: For purposes of alimony, the court will classify a marriage as marriage as being either short-term, moderate-term, or long-term.
- Short-Term Marriage: A marriage lasting less than 7 years.
- Moderate-Term Marriage: A marriage lasting more than 7 years but less than 17 years.
- Long-Term Marriage: A marriage lasting 17 years or more.
- The Financial Resources of Each Party: Typically, the spouse with more financial resources, such as a higher-paying job, will be the one required to pay alimony under the law.
- The Contribution That Each Party Made to the Marriage: When it comes to contributions to a marriage, most people think only about financial contributions. However, there are other contributions that the court will consider. For example, the court will consider homemaking and the raising of children when considering each party’s contributions to the marriage.
- The Educational Background of Each Party: The court will look at the educational background, vocational training, and earning capacity of each party and the time required for one of the parties to receive the education or training necessary to obtain employment.
Types of Alimony in Florida
In Florida, there are four types of alimony. They are as follows:
- Bridge-The-Gap Alimony: This form of alimony is intended to assist the receiving party in making the transition from married to single life. It covers identifiable short-term needs. The duration of bridge-the-gap alimony cannot exceed two years and is non-modifiable in amount or duration.
- Rehabilitative Alimony: Awarded to support a party in establishing the capacity for self-support, rehabilitative alimony requires a specific and defined rehabilitative plan. This could include redeveloping previous skills or credentials, or acquiring education, training, or work experience necessary to develop appropriate employment skills or credentials.
- Temporary Alimony: This type is awarded during the divorce proceeding and ends when the final judgment is handed down. Temporary alimony aims to maintain the living standards of both parties as they were during the marriage, until the divorce is finalized.
- Durational Alimony: If there is a need for support on a more permanent basis but the marriage is not long enough to justify permanent alimony, durational alimony may be awarded. It is set for a fixed period and cannot exceed the length of the marriage. The amount may be modified, but the length of the award is usually non-modifiable.
Our Florida family law attorneys will discuss the different types of alimony with you and assist you in determining which types of alimony may or may not be appropriate given the facts and circumstances of your marriage and divorce.
When Does Alimony End in Florida?
There are certain circumstances that may warrant the eventual termination of alimony in Florida. Some of those are as follows:
- Alimony obligations typically end with the death of either the payer or the recipient.
- If the recipient spouse remarries, alimony payments are usually terminated.
- Alimony can be modified or terminated if the recipient is in a supportive relationship with a person with whom they reside. The court will consider if the living situation reflects a de facto marriage, including shared expenses and mutual support.
- If there’s a substantial change in the financial situation of either party, such as a significant increase or decrease in income, alimony can be modified or terminated.
- If rehabilitative alimony was awarded to allow a spouse to complete educational courses and that education is completed, the alimony may be terminated.
- For durational alimony, payments cease once the predetermined period ends, unless a modification has been filed and approved before this term expires.
Contact Our Florida Alimony Lawyers Today
The bottom line is that if you’re facing any alimony-related issue, having a team of skilled divorce and family law attorneys in your corner can make a world of difference. Tampa Law Group stands ready to effectively represent you and your interests, every step of the way. Contact us today.