Alimony

Alimony

Orlando Alimony Attorney

At The Spence Law Firm, our Orlando alimony attorneys have the experience and knowledge to assist you with your alimony issues.  Alimony, (also known as spousal support or spousal maintenance) was created in the English common law to ensure that a non-earning or low earning spouse has a sufficient income during and after divorce, taking into account the facts and circumstances of the marriage.   A court may order alimony in a divorce case when one party is unable to fully support himself or herself during the divorce or after the marriage. Issues of whether a spouse is eligible to receive alimony, and if so the type and amount of alimony, are typically quite contentious matters that our Orlando alimony lawyers handle regularly.

When most people hear the word “alimony,” they think of spousal support that is permanent and is to be paid each month until death or the remarriage of the spouse who receives it.  In Florida, this is known as permanent, periodic alimony and it is only one of several types of alimony recognized under Florida law, which are discussed below:

Temporary alimony:  The court can order temporary support payments while the case is pending and before a final judgment is entered.

Bridge-the-gap alimony: This type of alimony is provided to the spouse with financial need for assistance with specific short-term needs related to making the transition from married to single.  This type of alimony may not awarded for a period exceeding 2 years and is not modifiable.

Rehabilitative alimony: This type of alimony is awarded to assist a spouse in re-establishing their ability to support themselves.  This allows a spouse who perhaps put their career or educational goals for the benefit of the family to collect support while they redevelop their previous skills or participate in education or other training.  There must be a specific plan for rehabilitation of the spouse and the payments can be modified or terminated by court order when the plan is completed or upon other occurrences.

Durational alimony: This type of alimony is awarded for a set period of time where financial assistance is needed on a relatively short term basis.  The amount is modifiable due to significant changes in circumstances, but the length is not modifiable and may not exceed the length of the marriage itself.

Permanent Periodic alimony: This is the type most people simply call “alimony.”  It is awarded to a spouse in need of permanent financial assistance who has no ability to meet their own needs after a divorce.  It is modifiable due to a significant change in circumstance or the remarriage or death of the party receiving payments.

For spouses seeking alimony in Orlando, Florida or spouses who believe they should not be required to pay alimony, it is crucial to understand their rights. The first step is speaking to an experienced Orlando alimony lawyer about the factors that determine an award of alimony:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and physical and emotional condition of each party.
  • The financial resources of each party.
  • When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
  • The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career building of the other party.
  • All sources of income available to either party.
  • Any other factor necessary to do equity and justice between the parties.

The Court is required to examine evidence on all of these factors when making a determination on alimony.  In 2015 and 2016, Florida’s Legislature passed bills that would have significantly modified current law on alimony in Florida, but Governor Rick Scott vetoed them.  Our Orlando alimony lawyers will keep you up to date on all issues affecting alimony in the Orlando, Florida area.

Orlando Alimony Lawyer | Call The Spence Law Firm

Call 407-910-2260 for a FREE initial consultation with an Orlando alimony attorney at The Spence Law Firm.

 

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