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What Is Alimony?
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.
There are five types of alimony in Florida, which can be applied in appropriate cases. Alimony may be payable in installments or by lump sum.
The court can order temporary support payments while the dissolution case is pending and before a final judgment is entered.
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.
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.
This type of alimony is awarded for a set period of time when 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.
Alimony Law – the Court Must Examine the Relevant Factors Under Florida Statutes Section § 61.08
- 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; and
- Any other factor necessary to do equity and justice between the parties.
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Consult with an Experienced Orlando Alimony Lawyer
A number of factors are considered in determining whether alimony will be awarded in your situation. Our law firm will protect your interests at all stages, building a comprehensive case on your behalf. You can rely on us to take the time to understand your needs and pursue an outcome that is right for you now and in the future.
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