Florida Spousal Support – Divorce and Finances

Spousal Support Or Alimony

MERRITT ISLAND, FL, UNITED STATES, May 29, 2024 /EINPresswire.com/ — Concerned about an impending divorce and how it will affect finances? Does the recently enacted alimony reform bill in Florida a reason for concern? If the answer is yes, seek the expertise of a qualified Florida spousal support attorney to effectively file for alimony as part of a divorce.

What Is Spousal Support?

Also known as alimony, spousal support is money one spouse pays to another as part of their divorce final judgment. Spousal support helps alleviate the economic impact felt by the lesser-earning or financially less-advantaged party. This type of monetary benefit is often given out if the spouse has given up their career or education to support their partner or growing family.

Types of Spousal Support in Florida

Here are the current types of Florida spousal support in Florida:

Bridge-the-Gap Alimony

This type of alimony is meant to help the receiving spouse experience a smooth transition from married life to being single. It involves a short-term amount, not to exceed 2 years, used to pay for their identifiable needs. These payments are generally used to purchase a car, pay the first and last month’s rent, or make a down payment for a mortgage.

Rehabilitative Alimony

Rehabilitative alimony is awarded to the party who needs some time to re-learn or develop the skills needed to start working again. To be eligible for this type of support, one must have a detailed plan outlining their path to a financially independent life.

Temporary Alimony

This offers financial assistance to the receiving individual from the moment they or their partner file the divorce papers to the day the marriage is legally dissolved. Depending on how complex the divorce is, this alimony payment can be paid for months or years until the divorce is finalized.

Durational Alimony

This alimony offers monetary support for a specific duration after the divorce finalization. For long-term marriages of 20 years or more, it lasts up to 75% of the length of the marriage. For moderate length marriages of 10 to 20 years, it can last up to 60% of the length of the marriage. And for short-term marriages under 10 years, it has a maximum duration of 50% of the length of the marriage. Marriages lasting less than 3 years are not eligible for durational alimony, and would need to seek relief in the other forms of alimony, if applicable.

Permanent Alimony

Has been abolished as of July 1, 2023.

Lump-Sum Alimony

This is just a form of payment that allows for the alimony to be paid all at once instead of monthly. It is often awarded if there are significant financial resources from which it can be paid and if the court is unsure about the supporting spouse’s reliability, well-being, or future income.

How Lawyers Can Guide The Spousal Support Process in Florida

Here are the recommended steps a lawyer should take in a spousal support case.

1. Assess Eligibility

Florida courts do not accept every individual’s spousal support request. It is why a lawyer should study all circumstances to determine if pursuing an alimony claim will be in one’s best interest or not. If deemed eligible for spousal support, they will work to help obtain the support needed. However, if they believe one to be ineligible for alimony, they can guide to other ways to receive financial support after a divorce.

2. Collect and File Paperwork

The spousal support claim process in Florida is tedious and requires ample paperwork. Throughout the proceedings, the court will ask to see property appraisals, bank statements, and many other documents.

3. Negotiate Terms with the Other Party’s Divorce Lawyer

In some cases, it is possible to sit down with the other party’s lawyer to resolve the case and finalize an alimony deal that works for everyone. Have an experienced attorney to ensure the spouse’s lawyer does not take advantage of in such circumstances.

4. In-Court Representation

If a spouse does not come to an agreement outside of court, they can take the case to court.

Factors That Affect the Spousal Support Received in Florida

A judge in Florida considers the following factors when determining the type and size of alimony to reward:

– The established standard of living during the marriage

– How long the marriage lasted

– The age and general well-being of both parties

– Marital assets and other financial resources and income of both parties

– All sources of income available to the partners, including investment-generated income

– The earning capacities, employability, and educational levels of both partners

– How the two individuals contributed to the household and marriage, such as through child care and homemaking

– Responsibilities to minor children

– & any other factors the court deems fit

Can a Spousal Agreement Term be Changed at a Later Date?

According to current state law, the Florida spousal support terms can be altered later if there appears to be a permanent, significant, unanticipated and involuntary change in the circumstances of one or both parties involved.

Here are some causes that justify a change in the spousal support agreement:

– The supporting partner’s inability to work due to a disability or illness

– A marked reduction in the income of the supporting party

– A significant rise in the earnings of the receiving individual

– The receiving individual’s new marriage

– The supporting individual losing their job

– Retirement

Contact a Reputable Law Firm for Spousal Support in Florida!

A family law firm with years of experience leading and winning family cases and spousal support court proceedings will be beneficial. Many also provide free consultations.

Legal Eagles
Mario Gunde Peters & Kelley
+1 321-631-0506
[email protected]
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