Dade City & Zephyrhills Alimony Attorney
Alimony, also known as spousal support or maintenance, is a payment ordered by the court to be paid from one former spouse to the other after divorce. Alimony can be ordered as a one-time lump sum payment, or it can be spread out in monthly payments over years, or even permanently. It is important to know that either the husband or the wife may be ordered to pay alimony, and it is not always the wealthier spouse who is ordered to pay. It is even more important to understand that alimony is not granted in every Florida divorce. First, one of the parties to the divorce must request alimony. Then, that party must be able to prove in court that alimony is justified, while the other party may oppose the request by proving why an alimony award would be inappropriate. Read on to learn more about the different types of alimony in Florida, how an alimony award is determined, and how our experienced Dade City & Zephyrhills alimony attorneys can help.
Types of Alimony
Below are the following different kinds of alimony that may be granted in a Florida divorce. Keep in mind that a judge may order more than one type of alimony if convinced it would be proper to do so:
- Bridge-the-gap – Bridge-the-gap alimony is awarded to help a person transition from being married to being single. This type of alimony can help with identifiable short-term needs, such as finding a place to stay and getting settled. It can be ordered to last for up to two years.
- Rehabilitative – Rehabilitative alimony is ordered to help someone become self-sufficient by acquiring or reacquiring needed education, training, credentials or work experience. The party requesting rehabilitative alimony should have a specific plan that demonstrates why the alimony is needed.
- Durational – This type of alimony is meant to give a former spouse economic assistance for a period of time, but not permanently.
- Permanent – Permanent alimony provides financial assistance to allow a party to maintain the standard of living established during the marriage. This alimony is more likely to be given in a marriage that lasted 17 years or more, and much less likely to be granted in a marriage that lasted less than seven years. Permanent alimony is only awarded if no other form of alimony is appropriate under the circumstances.
How Alimony is Determined
Except for adultery, fault does not play a major role in determining type or amount of alimony. More important are factors such as:
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of each party
- The financial resources of each party
- The earning capacities, educational levels, vocational skills, and employability of the parties, including the time necessary for either party to acquire sufficient education or training to enable them to find appropriate employment
- The contribution of each party to the marriage, including services rendered in homemaking, child care, education, and career building of the other party
- The responsibilities each party will have with regard to any minor children they have in common
- All sources of income available to either party
- Any other factor necessary to achieve fairness and justice between the parties
Madonna Law Group family law attorney Daniel Dwyer has a thorough understanding of these factors based on years of experience helping clients through alimony issues in their divorce. Whether seeking or challenging an alimony award, our team provides aggressive representation and compelling arguments for an alimony determination that respects your position.
Call the Madonna Law Group for Effective Assistance in Florida Alimony Matters
For practical legal advice and strong representation regarding alimony in your Florida divorce, call our experienced Dade City & Zephyrhills alimony attorneys at 352-567-0411 in Dade City.