Alimony or spousal support in Florida refers to the temporary or on-going financial support of a spouse during and after a dissolution of marriage. Alimony is not automatic. A party must request alimony or alimony must be provided for in a premarital or prenuptial agreement. Furthermore, the amount and type of alimony are not standard, unless the parties agreed to spousal support in a prenuptial or postnuptial agreement. The court will consider several factors when determining whether alimony is justified, the type of alimony that is suitable for the circumstances, and the amount of alimony to be paid.
Because the payment of alimony can have a significant impact on your future, you need an attorney who understands Florida alimony laws to ensure you are being treated fairly under the law. Contact the Law Offices of Paul J. Burkhart, by calling (561) 880-0155 to discuss your situation with an experienced Palm Beach Gardens alimony attorney.
The Basic Types of Alimony in Florida
There are six types of alimony that you can receive under Florida’s family laws. Each type of alimony is awarded based on a distinct set of circumstances. To determine the type of alimony you may be entitled to receive, our Palm Beach Gardens alimony lawyers must analyze the facts in your case.
- Temporary Alimony is awarded during the period between the filing of a petition for dissolution of marriage until a final judgment is entered regarding spousal support.
- Bridge-the-Gap Alimony is used to provide financial support while a spouse adjusts to living alone.
- Durational Alimony is typically used in situations where the marriage was only one to seven years in length.
- Rehabilitative Alimony is a type of spouse support that provides the spouse time to gain additional education or training to obtain a job that provides financial independence.
- Lump-Sum Alimony can be used to offset a division of assets or provide financial support. This type of spousal support is only paid once.
- Permanent Alimony is continuing spouse support that provides financial assistance and only ends upon the death of a spouse or the marriage (and in some instances, theor cohabitation) of the spouse receiving the support.
In addition to looking at the potential types of alimony, it is important to discuss the tax ramifications regarding alimony. We encourage clients to consider all options and propose a settlement agreement that meets their needs while avoiding any unintended consequences of paying or receiving alimony. The issue of alimony can be complex; therefore, we encourage you to retain an experienced Palm Beach Gardens alimony attorney with the Law Offices of Paul J. Burkhart, PL to protect your best interests.
Calculating the Amount of Alimony to be Paid
Alimony is generallyonly awarded if one spouse can demonstrate a need for financial support and that the other party has the ability to pay spousal support. Florida does not have a formula to calculate alimony, but the law does have guidelines that judges use to calculate the amount of spousal support to be paid in a divorce.
Factors that a judge considers when determining alimony include:
- How long the marriage lasted;
- The standard of living enjoyed by the spouses during the marriage;
- The emotional and physical health of the parties;
- The financial resources available to each spouse including any property division settlement;
- The age of the parties;
- If either spouse needs additional time to obtain training or education to prepare the spouse to enter the workforce;
- The financial and non-financial contributions of each spouse to the marriage (i.e. income, household duties, caring for children, etc.); and,
- All other factors the judge determines to be relevant to the issue of alimony so that the ruling is fair and just for both parties.
Our attorney thoroughly analyzes your situation to determine your financial needs and how the alimony laws impact your situation. We are honest with you about the potential for alimony based on the circumstances of your case including the factors used by the judge. We work diligently within the judicial system to ensure your rights are protected and your needs are met.
Helping You Get Back on Your Feet After Your Divorce
The Palm Beach County alimony attorneys of the Law Offices of Paul J. Burkhart, PL want to help you move forward after your marriage ends. We provide the support, guidance, and legal advice you need as you transition from one phase in your life to another.
Contact our office by using the contact form on our website or calling (561) 880-0155.