Tampa Bay, FL Alimony/Spousal Support Lawyers
If you’re getting divorced in Florida, you have a lot of issues to confront. When spousal incomes aren’t equitable, or one spouse is unable to support themselves following divorce, the court may order alimony. You might wonder how much these payments will be or how long they will last. The answer is: it depends.
If alimony is going to be a factor in your divorce, you need a qualified Florida divorce attorney on your side. Whether you might be paying alimony or expect to receive it, Florida has no mathematical calculations for this benefit.
At Busciglio, Sheridan & Schoeb, we understand how alimony in Florida works, and we will fight for your best interests. Contact our office today to schedule a consultation to discuss your situation.
Who is Entitled to Alimony in Florida?
Most states, including Florida, permit the payment of alimony after a divorce. If there are two spouses, and one makes substantially more than the other, it wouldn’t be fair or equitable to expect the lower-earning spouse to walk away from a divorce and require food stamps, welfare, Medicaid, etc., to survive. This is where alimony can provide a much-needed safety net to the lower-earning spouse.
When alimony/spousal support is awarded, the courts will look to the breadwinning spouse to pay a certain amount that allows the other person to enjoy a similar standard of living to when the couple was married. But unfortunately, the standard of living of both spouses usually goes down when the couple splits up because there are two households to maintain.
Spousal support isn’t ordered in every case. But if a spouse doesn’t have any marketable skills, has been a stay-at-home parent for a long time, or is older or has medical limitations, alimony is a strong possibility. If both spouses worked throughout the marriage and earned comparable salaries, however, then the awarding of alimony may not be appropriate.
Different Types of Alimony in a Florida Divorce
Alimony payments in Florida are meant to level the playing field between two divorcing spouses. An important factor in awarding alimony is the length of the marriage. These are broken down into short-term (less than seven years), moderate-term (7-16 years), and long-term (17 or more years).
The types of alimony awarded in Florida serve different purposes. If you are divorcing, here are the different types of alimony that might be awarded:
Bridge-the-Gap Alimony
Bridge-the-Gap alimony is paid for a short period to assist the receiving spouse with the transition from married to single life. The length of such an award cannot exceed two years. While some types of alimony can be modified if circumstances change, this one is not eligible for modification.
Rehabilitative Alimony
Similar to Bridge-the-Gap Alimony, Rehabilitative Alimony is meant to help the receiving spouse regain the ability for self-support. There must be some plan in place to achieve the self-support goal, such as returning to school or opening a business. The spouse seeking this type of alimony has the burden of proof to show that it is necessary and how it will achieve the desired goal.
Durational Alimony
Durational alimony is meant to provide the receiving spouse with financial support for an established period following a marriage lasting a short or moderate duration. This type of alimony will immediately cease upon the death of either spouse or the remarriage of the receiving spouse. It is also modifiable if there is a substantial change in circumstances.
Permanent Alimony
Permanent alimony is alimony that is paid to support an ex-spouse with no termination date. However, payments will immediately cease upon the death of either spouse or the remarriage of the receiving spouse. It is another type of alimony that is modifiable if a change in circumstances is significant.
Lump-Sum Alimony
Just as it sounds, a lump sum alimony award is paid in a single installment. This type of alimony is only approved by the court when there are special circumstances, such as the paying spouse being in poor health.
Nominal Alimony
Nominal alimony is possible in cases where the court finds that a spouse is entitled to support, but there aren’t sufficient resources available at the time of the trial to award an amount sufficient to meet the receiving spouse’s needs. The nominal amount is awarded, and the court retains jurisdiction to modify the award in the future.
Other Factors That Influence Alimony Awards
If you believe that you are eligible for alimony or are the breadwinner and think that your spouse may not be entitled to the benefit, it’s vital that you speak with a knowledgeable divorce attorney about your situation. Your lawyer can explain your options and help build the strongest case possible on your behalf.
Some of the factors the court will consider when deciding whether or not to award alimony include:
- The standard of living enjoyed by each spouse during the marriage;
- The economic standing of each spouse, including non-marital and marital assets being retained or distributed during the divorce and any outstanding debts;
- The contributions of each spouse during the marriage relative to finances, child care, homemaking, education, career, and building a business;
- How long the marriage lasted;
- The age of each spouse; and
- Any physical or emotional impairments a spouse might have that would limit their earning capacity or influence their needs.
Alimony isn’t meant to punish one party, but a judge can consider bad behavior such as adultery when granting an award. Because judges have such discretion, it’s important that you approach alimony with a clear strategy and work with your attorney to justify your position.
Consult With an Experienced Florida Alimony Attorney
If you’ve been served with a Petition for Dissolution of Marriage or are planning to file for divorce in Florida, the skilled family law attorneys at Busciglio, Sheridan & Schoeb in Tampa are ready to protect your interests. We aggressively and steadfastly represent clients throughout the Tampa Bay area and are committed to achieving a just and fair resolution of your case.
We understand how stressful and challenging the divorce process can be and want to ease your mind as you prepare for this new chapter in your life. We offer a consultation where we will learn about your goals and outline your legal options. Call us at 813-225-2695 or contact us online to schedule an appointment.
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