Alimony is the term for one spouse’s legal obligation to provide financial support to the other spouse after a marital separation or divorce. Alimony can be awarded to either spouse and can be awarded as a lump sum payment or as periodic payments. Additionally, alimony is either “rehabilitative,” meaning it is paid for a finite period of time, or “permanent,” meaning payments are made indefinitely. Florida courts have broad discretion in calculating the amount of alimony a spouse will pay. Factors considered by the courts include:
Florida courts have broad discretion in calculating the amount of alimony a spouse will pay. Factors considered by the courts include:
- The standard of living established during the marriage
- The duration of the marriage
- The spouses’ ages and mental and physical health
- The spouses’ financial resources
- The marital and non-marital assets and liabilities of each spouse
- Contributions to the household including child care, housekeeping, and education and career building for the other spouse.
Additionally, although Florida is a no-fault divorce state, courts may consider the adulterous acts of either spouse in calculating alimony. It is crucial that you are honest regarding the above factors when litigating whether alimony will be paid. Your spouse and his or her attorney will likely discover any information you attempt to hide, and you may lead the judge to believe you are a deceptive person. If we have all of the relevant information, we will be best positioned to obtain a favorable outcome on your behalf. If you are ordered to pay alimony and no child support is involved, you will probably make payments directly to your former spouse. If you are ever late making a payment, your former spouse may request that payments be made through the state depository. In Florida, alimony is either “permanent” or “rehabilitative.” Whether the court will order permanent or rehabilitative alimony depends on several factors, including length of the marriage, standard of living during the marriage, each spouse’s contribution to the marriage, each spouse’s resources and non-marital assets, and each spouse’s ability to provide for his or her own needs.
Prior to ordering electronic communication, the court will consider whether or not it is in the best interest of the child, the feasibility of electronic communications, and whether or not facilitating the communication would place a financial burden on a parent. These forms of communication are not to be considered a substitute for actual time spent with the child. They are merely used as a supplement to help ensure your child is able to have access to and enhanced relationships with both of you. The courts use several factors to determine child custody in Florida. Parents who wish to file for child custody in Florida should first become familiar with this state’s custody statutes.
While it is true that all orders regarding the children are modifiable in the future, we would strongly suggest that you not enter into any agreement based on the fact that it can always be changed later. As is the case in most states, Florida has a provision for taking child support directly from the wages of the parent who has been ordered to provide support, and it will be withheld much like income tax is from earnings. This method of paying and receiving child support is typically easier for both parties and is deemed to be a pretty dependable solution in the long run.
Permanent alimony lasts for the rest of the life of the spouse receiving support. It is most commonly awarded in cases involving marriages of long duration, but it may also be awarded in shorter marriages when exceptional circumstances exist. The terms of a permanent alimony arrangement are modified only if there is a change of circumstances justifying modification. For instance, if the spouse receiving support remarries, the court will likely “terminate” the alimony, since the remarrying spouse will presumably receive support from his or her new spouse.
Rehabilitative Spousal Support:
Rehabilitative spousal support is of limited duration and is intended to afford the spouse receiving support the opportunity to develop the resources to become independent. Rehabilitative support may terminate when the spouse receiving support obtains certain skills or education or finds gainful employment. In any case, the term of rehabilitative spousal support cannot exceed the length of your marriage. If you seek alimony from your former spouse, we must show that you have a need for the alimony and your former spouse has the ability to pay it. Conversely, if you want to avoid paying alimony, we will argue that you are not financially able to compensate your spouse. Although the factors identified above are among the most important in the court’s formulation of an alimony plan, the court has broad discretion to act in the interest of fairness to both spouses, and you should make sure that we are aware of all of the circumstances you believe are relevant to the determination of how alimony will be paid upon your divorce.