Alimony, also known as “spousal support,” is legally defined as a husband’s or wife’s court-ordered provision for a spouse (husband or wife as circumstances may dictate) after separation or divorce. Alimony is a system of financial support provided predominantly by the working spouse to the other. The courts mandate there needs to be a demonstrated “need” and a demonstrated “ability to pay” for alimony to be considered by the court.
Attorney Knape provides many factors that a court takes into account when evaluating your unique alimony/divorce case. It is important to retain an attorney during these difficult proceedings. Attorney Knape would be honored to represent you during this difficult time in your life. He will answer all of your questions and help guide you through this difficult (financially and emotionally) process with professionalism and sensitivity.
To get answers to your alimony questions, call our alimony attorney at (407) 508-7774 today!
Alimony Payment Laws in Orlando, Florida
On May 1st, 2013, Governor Rick Scott vetoed an alimony bill (SB 718) that would have ended permanent alimony in the state of Florida.
The alimony bill would have also limited the amount of alimony one could receive from an ex-spouse as well as how long they were entitled to collect alimony payments. It would have prevented alimony payments that lasted longer than one-half the length of the duration of the marriage. The alimony bill would have also required judges to provide divorced parents with equal custody over their children in the absence of extraordinary circumstances.
Essentially, the bill would have made it more difficult to receive alimony in Florida.
How Alimony Payment is Decided in Orlando, Florida
As stated earlier, in order for your alimony case to be considered by the judge, there needs to be BOTH 1. a demonstrated “need” for the party to receive alimony payments, and 2. a demonstrated “ability to pay” by the party charged with making alimony payments.
In the absence of demonstrated “need,” regardless of your spouse’s income level, you msy not be eligible to receive alimony payments. In the absence of your spouse’s demonstrated “ability to pay,” even if there is a great demonstrable “need,” you will not receive alimony payments. Finding out this information may require discovery and an investigation into financial statements and assets.
Types of Alimony in Florida
1) Temporary Alimony: Temporary alimony is generally awarded based on the parties’ current standard of living and current ability to pay.
2) Lump Sum: Lump sum alimony typically occurs when the court finds it necessary for support because the marital home/residence is awarded to one of the party’s involved in the marriage.
3) Rehabilitative: This type of alimony is usually designed to elevate the earning potential of the recipient spouse to one of self-sufficiency. This leads to the elimination of long term support by gradually re-integrating the recipient into the work force. Rehabilitative alimony often is focused on education and/or job training costs for the recipient spouse. This type of alimony is limited in both time and funding, it is also modifiable.
4) Bridge-the-Gap: This type of alimony is designed to assist a party by providing support to allow that party to make the transition from being married, to being single. In order to receive this type of alimony, the party must demonstrate legitimate, identifiable, short-term living needs. The court determines this period may not exceed a maximum of a two year period.
5) Durational Alimony: This type of alimony is awarded when permanent periodic alimony would be/is inappropriate. The purpose of this alimony is to provide economic assistance to one party, for a set period of time, usually when there is no ongoing need for permanent support.
6) Permanent Alimony: This type of alimony is awarded in Florida to provide for the standards and necessities of life that were conventional during the term of the marriage. A permanent alimony plan is designed for a party who lacks the financial ability to meet those needs following the dissolution of the marriage and the court may award this as a sort of permanent settlement.
Some of The Factors that are Considered in Your Alimony Case are Below:
1) Standard of living established during the marriage.
2) The length of the marriage.
3) Each party’s physical and emotional condition, as well as their age will be taken into account.
4) The financial resources of each party will be considered, both non-marital and marital assets will be studied in this consideration.
5) Each person’s material contributions to the marriage will be taken into account, these include but are not limited to, services rendered in child care, homemaking, education and financial support.
6) The circumstantial requirements of both spouses will be taken into consideration.
7) The federal, State, and local tax ramifications that result from the allotment of the alimony reward.
8) This is a so-called “catchall” category in which all additional factors are considered that relate to the economic circumstances of the parties which the judge finds to be just and proper when considering your alimony case.
The aforementioned are only some of the factors that can be taken into account by the judge or court when judicially deciding what the best course of action is for your alimony case.
To discover what the other factors are that can contribute to the strength of your alimony case, call divorce Attorney Joseph Knape at 850-CALL-JOE!