Alimony, also called spousal support, is nearly always guaranteed to make two people unhappy. The spouse who is paying it is frequently unhappy with the amount that is being paid. The spouse who is receiving it is often unhappy with the amount that is being received. At CPLS, P.A., our attorneys represent clients during alimony negotiations in conjunction with divorce and post divorce proceedings with these constraints in mind and with the goal of aggressively advocating for the best results for our clients.
Understanding Alimony in Florida | Your Guide Through the Legal Process
Alimony depends upon a number of factors, any of which can change during a period of time, including the need for alimony and the ability to pay alimony, the duration of the marriage, the standard of living during the marriage, and the physical and mental health of the parties.
Post-Divorce Modifications to Alimony
After alimony has been set as part of the divorce decree, situations can change. If the ex-spouse who is paying the alimony loses his or her job or develops a debilitating illness, that could be a valid reason for a post-divorce modification to the alimony. Another reason to request a modification of the alimony amount might be if the spouse who is the recipient begins earning a significant amount of money, and does not have the same level of need as previously.
If you are divorced, and your financial situation has changed, a skilled Florida alimony lawyer can be your advocate in court for a modification.
Current Florida Alimony Law
One of the aspects of being a skilled attorney is staying up to date with current laws, case law and pending legislation. There has been an effort to revise Florida alimony law. As one of our clients, you can be certain that if and when the laws change regarding alimony in Florida, we will vigorously represent your interests to the best of our ability.
Types of Spousal Support in Florida
There are several different types of alimony or spousal support arrangements that may be ordered in a Florida divorce. Different options include:
- Bridge-the-gap alimony: This type of alimony generally provides for a recipient spouse to receive payments for two years or less in order to adjust from married to single life. It is non-modifiable, which means that neither spouse can ask for a change to the support order. The obligation to pay ends if the receiving spouse remarries or upon the death of either spouse.
- Rehabilitative alimony: This type of alimony is designed to allow a spouse to re-enter the professional world by developing or redeveloping the necessary job skills or job credentials. The recipient spouse will need to have a defined plan to obtain or renew educational credentials or job certification that will allow him/her to become self-supporting within a designated period of time. The alimony may be modified if the receiving spouse completes the educational or certification program early; if the receiving spouse fails to work towards completing the plan; or if there is a material change in circumstances.
- Durational alimony: This type of alimony is awarded after a short-term marriage when permanent alimony is not appropriate. The durational alimony is awarded to the recipient spouse for a designated period of time that cannot exceed the length of time the parties were married.
- Permanent alimony: Permanent alimony is generally awarded after long-term marriages, although longevity of the marriage is not the only important factor. Payments continue until the death of either spouse or the remarriage of the recipient spouse. If the permanent alimony is modifiable, then the alimony obligation can also be altered if there is a material change in circumstances.
Florida spousal support laws dictate which type of alimony is awarded when a divorce is litigated in court. Spouses can also negotiate an alimony agreement outside of court for inclusion in a divorce settlement agreement in an uncontested divorce. Finally, a premarital or post-marital agreement can dictate whether alimony is to be paid, in what amount and for what duration.
Getting Help From an Experienced Florida Spousal Support Attorney
The determination of spousal support in your divorce has a huge impact on your future. Whether you are asking for spousal support or expect that you’ll need to pay this support, it is important to have an experienced divorce lawyer on your side, representing your interests and helping you to get a fair deal in your divorce.
Contact CPLS today at 407.647.7887 or 877.647.7887 for information on how our Florida spousal support lawyers can help you resolve alimony issues in your divorce.