Aventura Alimony Lawyer – Helena Y. Farber
Depending on the length of the marriage and other financial factors you might be eligible to receive or will be ordered to pay alimony or what is also know as spousal support. This is an important aspect of the divorce process and should not be approached lightly. It is important to consult with a knowledgeable alimony lawyer to find out your right and responsibilities when it comes to divorce and spousal support.
What is alimony/spousal support?
Alimony is financial assistance one spouse pays to the other either during and/or after divorce. Not every divorcing spouse is automatically eligible for alimony or is ordered to pay alimony. Spousal support must be requested in the initial petition for divorce by the spouse that requires financial support, if it is not properly requested alimony can be waived.
Alimony laws in florida
Alimony award is based on the financial need of the requesting spouse and the financial ability of the “payor” spouse to pay the requested alimony. Need for spousal is usually demonstrated by showing to the court that the requesting spouse will not be able to sustain herself/himself financially in accordance with the lifestyle established during the marriage without the financial help of the other spouse.
How does the court decide the amount of alimony?
Once a judge determined that the spouse requesting alimony has a need for same and the “payor” spouse has the ability to pay alimony, thereafter the judge must look the factors below in determining the alimony amount.
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
- The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- The responsibilities each party will have with regard to any minor children they have in common.
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
- All sources of income available to either party, including income available to either party through investments of any asset held by that party.
- Any other factor necessary to do equity and justice between the parties.
(Florida Statute §61.08)
Florida courts consider a marriage of less than 7 years to be a short-term marriage and a marriage of over 17 years to be a long-term marriage. Anything in between 7 and 17 years is a marriage of moderate duration. Any long-term marriage has a presumption that permanent alimony is appropriate.
How long will I receive or have to pay alimony?
In Florida the family law judge’s have wide discretion when awarding alimony, and try to make the financial situation between the parties fair. There are several types of alimony that can be awarded or a combination of them.
- Temporary alimony: financial support during the divorce proceedings;
- Bridge-the-gap alimony: to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. (Florida Statute §61.08)
- Rehabilitative alimony: to assist a party in establishing the capacity for self-support through the redevelopment of previous skills or credentials OR the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. (Florida Statute §61.08)
- Durational alimony: to provide a party with economic assistance for a set period of time following a marriage. (Florida Statute §61.08)
- Permanent Alimony: to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following dissolution of marriage. (Florida Statute §61.08)
Alimony in Florida
If you are considering filing for divorce or already filed for divorce and facing alimony questions call Farber Law, P.A. (305)520-9205 for a consultation.
