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At Tommalieh Law, Family Law Attorneys we value the attorney-client relationship. If possible we advise our clients to have a settlement negotiation when filing for a divorce petition. A divorce mediation collaborative family lawyer who is as well a skilled negotiator can help you get better terms in regards to your financial circumstances, property division, and child custody. In instances where there is a history of child abuse, family violence, or irreconcilable difference you may need to proceed to trial. We are ready to go to court and represent you if the alimony arrangement is unfavorable.
Call us at and talk to an Orland Park, IL divorce attorney about any alimony issues or alimony questions that you may have. We want to help with your alimony situation and help ensure that your alimony obligation is being met. Come to us if you want an alimony dispute resolved and let us help you get better alimony terms. We represent clients in the greater Chicago area and our office is conveniently located in Orland Hills, IL.
Changing Or Terminating Alimony
The next most important question is, can alimony be modified or terminated, and the answer is yes, alimony can be modified or terminated.
Some of the things that can be modified are
- The amount of money that is being given out.
- The duration of time that is being taken,
There are two ways for you to get alimony. You and your spouse can agree on the alimony and decide on the adjustments that need to be made. After agreeing, you will then make a written agreement and finally take the issue to court and ask the judge to make the new agreement a formal order.
The other method is when you two disagree on the terms and opt to go to trial to settle the matter. One party is normally looking for there to be termination of the alimony while the other seeks to get alimony. Once a court order is given, you realize that to change anything, including termination the court has to give another order. However, if you agreed on a court order and are deemed non-terminable, this removes any right to terminate the alimony until the set time has passed. This is can only be affected by the death of the spouse who is being supported, since the spouse no longer has claim to the alimony payments.
Who Pays Spousal Support In Florida
Florida courts consider many factors when determining which spouse, if any, has to pay spousal support and how much they have to pay. Some of those factors include:
- The length of the marriage
- The spouses standard of living during the marriage
- Whether a spouse gave up certain opportunities for the sake of the marriage
- The spouses health
- Whether there was abuse or domestic violence.
The spouses lawyers make arguments regarding these factors and other factors that are relevant to the spousal support issue. In the end, it is up to the judge to determine a spousal support situation that is fair to the spouses.
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Florida Alimony: Florida Spousal Support Payments In Divorces And Requests To Change Or Modify Alimony In Florida
Broward County | Miami Dade County | Palm Beach County
When a couple decides to divorce in Florida, one of the financial considerations will be whether or not either spouse will be entitled to financial support from the other spouse, commonly known as alimony. How much, and for how long, one ex-spouse is legally obligated to pay money to their ex-wife or ex-husband in alimony payments depends upon a variety of factors.
State of Florida Alimony Law: Florida Alimony Statute
Florida alimony, also known as Florida spousal support, is provided for in Florida Statutes 61.08, which provides the following:
In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection supporting an award or denial of alimony.
Types of Florida Alimony
As defined in Florida Statute 61.08, Florida has 4 types of spousal support or alimony:
1. Bridge-the-Gap Alimony
2. Rehabilitative Alimony
3. Durational Alimony
4. Permanent Alimony
Does Everyone Have to Pay Florida Alimony? No.
How Much Does The Other Party In The Former Couple Need
The first factor that the lawyers and the judge will look at when determining how much alimony the responsible party s going to be required to pay is how much the other person in the former couple needs. Let us say, for example, that the ex-wife spent her years in the marriage as a stay at home wife or mother. After the couple separates, the wife will then need a substantial amount of income in order to survive. The Alimony lawyer will look at how much she needs to survive and come up with a fair number for the other spouse to pay.
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Child Support And Alimony
Most paying parties look at child support and alimony as the same thing. However, the court looks at these things separately.
Alimony is the obligation a paying spouse needs to fulfill to their ex-spouse to help them get back on their feet. On the other hand, child support is the amount involved in raising a child. This covers food expenses, clothes, and other essential things a child needs to grow. If children are involved, courts can order child support and alimony simultaneously.
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Legal Separation vs . Divorce : Pros and Cons. Falling out of love and deciding you no longer want to be with the person you married sets in motion a series of important decisions that will define the nature of your life going forward, both in the short term and the long term.
Yes. You can receive spousal support before the divorce is final. Typically, prior to the divorce being finalized, support is called pendente lite support . Pendente lite support may reference a portion as being spousal support and a separate portion being child support, if applicable.
Nevada Child Support And Custody Packet Step 4: The next document is a cover sheet which provides a brief of overview of the people involved in your case and the issues involved However, local state Child Support Enforcement agencies may fall under Health and Human Services, Social Services, the Attorney Generalâs Office or the Department of Revenue Why You Need It:.
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Modification Or Termination Of Alimony
The alimony payments can last for an indefinite period however, if it happens to be finite, then alimony payments may stop when:
- The period set for the cessation of alimony payments expires.
- The dependent spouse enters into a domestic partnership or remarries.
- Whenever the children become grown-ups, and no longer need a parent at home.
- Whenever the judge determines that the spouse receiving alimony does not make enough effort to become self-supporting.
- Whenever one party dies.
On the other hand, the judge may order modification of the alimony when:
- The obligor spouse retires.
- When the supporting spouse becomes ill.
- When there is a significant fall in the gross income of the supporting spouse.
HOW LONG DO YOU HAVE TO PAY ALIMONY?
The period you will pay your alimony depends on the Florida State Laws as well as several other factors. For instance, if your marriage lasted for seventeen years, a permanent alimony may be appropriate, but if it was less than 17 years, then awarding a permanent alimony is less likely.
However, even with less than 17 years of marriage, a permanent alimony may be appropriate if the reasons given are convincing.
Qualifying For Alimony In Florida
Contrary to popular belief, alimony isn’t only available to women. Either spouse can request support, and the court will evaluate whether the requesting spouse needs help and whether the other spouse can pay. If the court finds the “need and ability” the judge will then assess the following factors:
- the standard of living established during the marriage
- the length of the marriage
- each spouse’s age and physical and emotional health
- both spouse’s financial resources, including the nonmarital and assets, and liabilities
- each spouse’s earning capacity, educational level, vocational skills, and employability and, if applicable, the time necessary for either party to acquire sufficient education or training to find employment
- both spouse’s contributions to the marriage, including homemaking, childcare, education, and career-building of the other spouse
- whether either spouse will have parental responsibilities to minor children
- tax consequences of alimony, if any, to both spouses
- all sources of income to both spouses, including income available through investments, and
- any other factor the court deems necessary to create a fair alimony award.
Florida courts may also consider whether either spouse committed adultery during the marriage and how the affair impacted the couple’s marital funds. For example, if one spouse cheated and paid for an apartment, living expenses, or trips with a girlfriend or boyfriend, the court may factor in the spending when calculating alimony.
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This Legal Update Dramatically Changed How Alimony Works In Florida
While Senate Bill 718, more commonly referred to as the Alimony Bill, affected more than just alimony, the change it had was significant enough to keep the majority of the public focus on that aspect. This law, which came into effect on July 1, 2013, placed priority on awardingbridge-the-gap alimony first, orrehabilitative alimony if that wasnt a suitable option over any other type of alimony offered in Florida. This could change depending on the actions of state legislators, but its important to understand how the courts will handle alimony decisions if you are in the process of filing for divorce.
Speak with an experienced attorney by giving us a call at 328-6159 today.
Divorce is a complicated and stressful process to manage, and it can become even more confusing if you dont have a complete understanding of the laws in place. At Givens Law Group, our attorneys have decades of collective years of experience, and are passionate about providing each client we accept with the knowledgeable representation they need to secure the legal outcome they deserve. If you are in need of an attorney, reach out to us today to discuss your case.
What Are The Different Types Of Spousal Support In Florida
According to Florida divorce law, there are five situations where spousal support may be awarded. Importantly, a judge may award any combination of these spousal support payments. Furthermore, a judge may order that spousal support be paid periodically or in one lump sum.
The five situations are:
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Alimony In Florida Guide: Divorce & Family Law
Alimony is financial support provided to an ex-spouse to help maintain the standard of living maintained during the marriage. There are many different types of alimony in Florida, which vary in amount, form, and duration. The amount and duration of alimony in Florida are determined on a case-by-case basis. If you are seeking alimony in Florida or trying to prevent paying alimony, contact a divorce law firm in Tampa for help. A skilled Tampa divorce lawyer can make a big difference in if and how much alimony is awarded. Nobody likes paying for an attorney, but in some cases, it can save a lot of money in the long run.
The policy behind alimony is to alleviate the financial disparity between the two parties. When determining alimony that should be awarded, Florida family law courts look at one spouses ability to pay vs. the other spouses need for alimony. If permanent alimony is awarded, the alimony payment should be sufficient to support the spouses standard of living.
There are many factors that a judge may consider when determining alimony in Florida is appropriate. If alimony is appropriate, the court will have to determine the durational alimony amount to bridge the gap. Regardless, alimony may not leave the person paying alimony with significantly less net income than the recipients net income.
Determining How Long Alimony Will Be Paid:
The length of time the alimony payments last depends on the specifics of the support needed, but will vary significantly between courthouses and judges, which is why some states base the duration upon statutory formulas. Sometimes, the alimony will stop after a period of time deemed necessary for the spouse to become self-supporting. In other cases, the alimony will be paid over a much longer duration.
As a rule of thumb, alimony is usually not going to be longer than half the length of the marriage in marriages lasting less than ten years, but as the marriage gets longer, the duration the alimony payments last typically extends.
Although permanent alimony still exists in many states, the term is somewhat of a misnomer. As explained below, alimony payments usually stop once the person paying alimony gets to retirement age, or upon other major life events.
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Examples Of Spousal Support Awards
Generally, any alimony award cannot leave the spouse paying the spousal support with significantly less income than the net income of the spouse receiving the alimony.
Over the last 20 years, there has been at least one significant economic downturn. Because of tough economic times, if is difficult if not impossible for any divorce settlement or decision to provide enough money to each spouse to maintain the standard of living that they enjoyed while they were married.
Reality tells us that no matter what happens in a divorce case, the two family units created by the divorce cannot maintain the same lifestyle.
There are no alimony guidelines in Florida. In my experience, alimony awards a generally somewhere between 20% and 40% of a payors income. For example, if your spouses income is $5000 per month, you might expect to receive somewhere between $1000 and $2000 per month.
Florida marriages are broken out into categories based upon length as follows:
- Less than 7 years is a Short Term marriage
- More than 7 years and less than 17 years is a Medium Term Marriage
- More than 17 years is a Long Term marriage
The marriage length is measured from the wedding day until someone files for divorce.
Can I Modify The Type Of Alimony After My Divorce In Florida
Whether you are the party paying or receiving alimony as part of your final divorce decree, there is a good chance that your circumstances will change in the months and years that follow. Florida divorce laws do allow you to modify spousal support if you meet certain criteria, but many people focus on the amount when seeking to make changes. There may be some confusion over whether you can alter any of the four types of alimony in Florida:
Like many issues in divorce, there is no clear Yes or No answer on whether you can modify the type of alimony. The specific circumstances of the case will dictate your options, so it is important to consult with a Dade City alimony attorney. A few points should also be helpful.
Review the Original Alimony Order
Nonmodifiable Alimony in Florida
There are two ways that spousal support will not be subject to change after divorce:
When the courts order specifies that alimony is nonmodifiable, there is little that either party can do to make changes.
Process for Modifying Alimony
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Divorce Adultery And Alimony Requests In Florida
Florida Statute 61.09 states that a paying spouse may be liable to pay alimony even if the couple is not divorced. The state doesnt recognize legal separation, unlike many states. However, alimony can still be pursued even if a couple is not legally divorced. The alimony under this statute supports the continuation of the marriage and provides a possibility of reconciliation in the future .
A married couple still has a legal duty to help each other financially. That means a court may still order spousal support even if the couple is separated. The amount of alimony should be appropriate to the standard of living that the receiving party enjoyed during the couples marriage .
For filing a divorce in Florida, the state law requires at least one of the spouses to be a state resident for six months before the divorce petition. However, when talking about durational alimony requirements, residency is not necessary .
The state of Florida is known as a no-fault divorce state. This means under the states divorce law, an individual doesnt need to provide or prove any reason, such as adultery, to facilitate a divorce. So, the act of cheating, for instance, will play a minor role in a permanent alimony request.