As experienced divorce lawyers at Tampa Divorce Attorney, we understand that determining alimony in Florida can be quite complex. Did you know that several factors, such as the length of the marriage and each spouse’s financial situation, influence these payments? In this article, we’ll break down what you need to know about how alimony is calculated in Florida. Whether you’re seeking alimony or may have to pay it, we’ll guide you through the essentials to help you navigate this crucial aspect of divorce.
On the authority of Florida Statutes, alimony is based on the financial need of one spouse and the ability of the other spouse to pay. Other factors include the length of the marriage and the standard of living during the marriage. The court also considers each spouse’s earning capacity and contributions to the marriage.
What is Alimony?
Alimony is a financial support payment that a court may order one spouse to provide to the other after a divorce.
So to speak, when a couple gets divorced, sometimes the person who earns more money gives financial help to the person who earns less. This is called alimony. Alimony helps the lower-earning spouse to live at a similar standard as when they were married. It is especially important if one spouse gave up work or career opportunities to take care of the family.
Alimony payments can last for a specific period of time, or until certain events happen, like the lower-earning spouse getting a job or getting remarried. Let me explain, the judge decides how much money will be paid in alimony by looking at how long the couple was married, how much each person can earn, and what each person needs financially.
Alimony is different from child support, which is money paid to help take care of the kids. Knowing your rights and responsibilities about alimony can help both spouses reach a fair agreement during the divorce process.
Types of Alimony in Florida
Florida recognizes multiple types of alimony, including temporary, bridge-the-gap, rehabilitative, durational, and permanent, each designed to address different financial needs and marital circumstances.
Essentially, several types of alimony aim to support a spouse financially after a divorce.
1. Bridge-the-gap alimony: This helps a spouse transition from married life to single life.
2. Durational alimony: This is given for a set period when long-term support isn’t suitable.
3. Rehabilitative alimony: This helps a spouse gain skills or education to support themselves.
4. Permanent alimony: This is for spouses who can’t financially support themselves after the divorce.
5. Temporary alimony: This is provided during the divorce process until a final decision is made.
These types of alimony depend on factors like how long the marriage lasted, each spouse’s financial situation, and the lifestyle they had during the marriage. It’s essential to talk to a family law attorney to understand your specific case and see what kind of alimony might be right for you.
Factors Determining Alimony
Looking at our previous talk, alimony, or spousal support, is influenced by diverse court-determined factors such as the duration of the marriage, the standard of living during the marriage, and each partner’s financial situation.
In a basic sense, the main things the court looks at are how long the marriage lasted, the lifestyle the couple had, each person’s financial needs and ability to pay, and their age and health. The court also checks how much each person can earn, including their education, training, and work history.
Other things that might affect alimony include what each person contributed to the marriage, like taking care of the home or kids, and any agreements made before or after getting married. Broadly speaking, if one spouse gave up their job or education to help the other’s career or to raise kids, this sacrifice matters too.
Sometimes, the court might look at bad behavior by either spouse during the marriage, like cheating or abuse, when deciding alimony. But many places now often use a no-fault system, where the reasons for divorce don’t affect alimony.
In general, the court wants to make sure both people can keep a similar lifestyle after the divorce, based on their financial needs and situations. The specific details can change depending on the local laws and what happened in the marriage.
Duration of Alimony Payments
Going over what we discussed, alimony durations are often influenced by the length of the marriage and can vary significantly, sometimes lasting for just a few years or potentially a lifetime.
If you think about it, sometimes, a person may get alimony for just a few years to help them become financially independent. In other cases, especially in long marriages where one spouse earns much less, alimony might be given with no set end date. The main goal of alimony is to help both spouses keep a decent living standard after divorce. However, how long alimony lasts can change. By and large, for example, it might stop if the person receiving alimony gets remarried or finds a good job.
Both people need to understand the alimony agreement and follow the court’s rules about how much to pay and when. Not paying alimony as ordered can lead to legal trouble, like having wages taken directly from a paycheck or facing court penalties. It’s a good idea for anyone dealing with alimony to get advice from a lawyer to make sure their rights and duties are clear.
Modifying Alimony in Florida
Repeating what we discussed, alimony in Florida can be altered when there is a significant change in circumstances from the original order.
In general, this can include changes in your income, job status, health, or other financial responsibilities. The person who wants to change the alimony must show that the change is big and not just temporary. Both people involved can ask for a change in alimony, and the court will look at all important details before deciding.
Largely, it’s very important to follow the legal steps and give accurate and detailed information when asking for a change. If you don’t, your request might be denied. Also, it’s a good idea to get legal advice from a family law attorney to help you through the complicated and often emotional process of changing alimony in Florida.
In the End
Adding details to past ideas, in conclusion, alimony in Florida is based on several factors such as the length of the marriage, each spouse’s financial resources and earning potential, and the standard of living established during the marriage.
What Tampa Divorce Attorney is strongly supporting is, it is designed to help support the spouse with lower income or earning capacity after a divorce.
