Wesley Chapel Alimony Attorneys
Are you entitled to Florida alimony? The first step of the process is to determine if you need alimony. If you are unable to pay your living expenses, then you have a need for alimony. The second step is to determine if the other spouse has the ability to pay alimony. If one spouse needs alimony and the other spouse has the ability to pay alimony, then the court must determine the proper type and amount of alimony to award.
Bridge-the-gap, rehabilitative, durational, and permanent alimony are the different types of alimony in a Florida dissolution of marriage. When determing the amount of alimony in a Tampa divorce or Pasco divorcecase, Judges have a wide discretion. Unlike child support, Florida alimony does not have any guidelines. Although Florida is a no-fault divorce state, the court can consider the adultery of either spouse. Per the Florida alimony statutes, the other factors your alimony attorney will have to investigate and litigate are:
- The standard of living established during the marriage.
- The length of the marriage.
- Ages of each spouse.
- The phyiscal and emotional condition of each spouse.
- Financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
- Educational levels, skills, employability and earning capacity of each spouse.
- The time necessary for either spouse to educate and train themselves in order to find employment.
- Contribution of each spouse to the marriage, including homemaking, child care and career building of the other spouse.
- The responsibilities each party will have with regard to any minor children they have in common.
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
- All sources of income available to either party, including income available to either party through investments of any asset held by that party.
- Any other factor necessary to do equity and justice between the parties.
Florida divorce laws categorize marriages based on how long you were married.
- Less than 7 years is a short-term marriage.
- Between 7 and 17 years is a moderate-term marriage.
- 17 years and beyond is a long-term marriage.
An award of permanent alimony in a short-term marriage requires exceptional circumstances, such as asevere disability that was suffered during the marriage. In a moderate-term marriage, you may win an award of alimony if it is appropriate based upon “clear and convincing evidence” after the court considers all of the above listed factors. Permanent alimony is much more likely in a long-term marriage if the alimony will provide for the needs and necessities for the party who lacks the financial ability to meet those needs after divorce. Permanent alimony in Florida ends upon the death of either party or upon the remarriage of the party receiving alimony. In most cases, alimony can also be modified or terminated when there is a substantial change of circumstances or if the receiving party becomes involved in a supportive relationship. Permanent alimony should not be awarded unless there is no other form of alimony that will create a fair outcome. In short and moderate length marriages, it is more likely that the receiving spouse will be awarded bridge-the-gap or durational alimony, if any. Rehabilitative alimony requires the Pasco divorce attorney to submit a specific rehabilitative plan.