Alimony Attorney | Spousal Support Lawyer | Flagler Beach, Florida
Our Law Firm is experienced in Handling Both Divorce and Alimony Cases
Alimony, also known as spousal support, is a court ordered monetary provision for a spouse after separation or divorce. It can be one of the most contentious areas of conflict when going through a divorce. Both parties fear that they will be left with minimal funds to continue their lifestyle. Alimony negotiations can be highly emotional, so it is important to have an experienced attorney to represent you, to get a fair settlement. Alimony is awarded to the lower earner in a couple, also called the dependent party, as that person is unable to meet their needs without financial support.
What are the factors used in the State of Florida court system for determining eligibility requirements and monetary awards?
To receive alimony, it is required that a couple has been in a legal marriage, one party of the marriage is in need of monetary assistance and the other party has the ability to pay. To determine the amount of the award, the court will investigate the earnings and assets of each party, the length of the marriage, the current standard of living, the earning capabilities of each party, the age and health impairments of the couple and if either party has the responsibility of minor children.
Florida law provides for five different kinds of alimony, depending on the circumstances of the divorcing couple.
The terminology that is used in legal proceedings to describe alimony types are;
Temporary alimony is awarded by a judge during the divorce proceedings to maintain a standard of living and is terminated when a divorce decree is finalized. Temporary alimony can be replaced with another form of alimony in the divorce settlement.
Bridge the gap alimony covers a specific time period, usually not more than two years, while a lower earning spouse is preparing to be self-supporting. These maintenance payments are often in effect while waiting for a house to sell or while a spouse is completing training or education to start a career.
Rehabilitative alimony is financial support that is given by the higher earning party, to pay for training or education for a spouse, who will become financially independent.
Durational alimony is short term and generally doesn’t exceed the length of the marriage. For example, if a couple was married for eight years, the payments will continue for a period no longer than eight years.
Permanent alimony is awarded under specific circumstances, when the dependent party is unable to support themselves. This occurs in instances of disability or long term marriages when the dependent spouse has no ability to become self supporting.
Can spousal support be modified?
Alimony arrangements are able to be modified or terminated by the court, if there are substantial changes in the circumstances of either party. For example, if the higher earning party suddenly loses their employment or if the recipient of alimony is remarried or cohabitating with another, this could indicate a modification or termination is appropriate. Death, illness and retirement are other reasons for modifications.
Contact a Spousal Support Attorney Today
Whether you are anticipating a divorce and will need to negotiate an alimony amount or you are in need of a modification of an alimony payment award, the Law Office of Lisa M. Dawson can evaluate your case and answer your questions. We can navigate the legal proceedings and make sure that your spousal support is appropriate and fair for your circumstances. Call us today for a consultation.