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Experienced Assistance In Spousal Support Matters
Alimony, also known as Spousal Support, is support paid between spouses. It denotes the court-mandated payments that one spouse is required to make to the other during or following divorce proceedings. For the receiving spouse, it represents the financial assistance obtained from their soon-to-be former spouse.
Whether you are obligated to pay spousal support or are seeking to obtain it, our skilled attorneys at Capizzi Legal offer expert advice to help you achieve a fair and suitable resolution tailored to your situation.
When Is Spousal Support awarded?
Florida Courts do not automatically grant spousal support to one party. Spousal Support Laws set forth many factors that the judge must consider when determining whether alimony should be awarded, and if so, the amount of alimony.
Here are the statutory factors the Courts must consider:
- The duration of the marriage.
- The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
- The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.
- The resources and income of each party, including the income generated from both nonmarital and marital assets.
- The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- The responsibilities each party will have with regard to any minor children whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.
- Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship
Assessing and evaluating these complex factors requires the expertise of committed legal professionals. The attorneys at Capizzi Legal are equipped in evaluating your specific circumstances and formulate compelling arguments regarding the potential award of spousal support.
Wha Type Of Spousal Support Can Be Awarded?
For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
There are many types of alimony a Court can award such as:
Alimony pendente lite also known as Temporary Alimony
During ongoing divorce proceedings, temporary alimony is designed to maintain the standard of living that the recipient spouse enjoyed during the marriage. These payments are intended to address both essential living expenses and discretionary luxuries, with the specific amounts varying based on individual circumstances. Once the divorce is finalized, temporary alimony ceases, although it may be substituted with a different form of alimony if warranted. In highly contested divorces, the process can extend for several months or even years, during which the spouses are likely to be living apart. In such situations, financially dependent spouses may petition the court for temporary financial support. Following a request for temporary alimony, the court will schedule a hearing where both parties can present evidence regarding the necessity of such support. If the court determines that the evidence indicates a genuine need for temporary assistance, it will grant temporary alimony, setting the amount based on the recipient’s needs and the paying spouse’s financial capacity.
Bridge-the-Gap Alimony
Bridge-the-gap alimony may be awarded to provide support to a party in making the transition from being married to being single. Bridge-the-gap alimony assists a party with legitimate identifiable short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the obligee. An award of bridge-the-gap alimony is not modifiable in amount or duration.
Rehabilitative Alimony
Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:
- The redevelopment of previous skills or credentials; or
- The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.
In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan included as a part of any order awarding rehabilitative alimony. The length of an award of rehabilitative alimony may not exceed 5 years. An award of rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan if the plan is completed before the length of the award of rehabilitative alimony expires.
Durational Alimony
Durational alimony may be awarded to provide a party with economic assistance for a set period of time. An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances.
Durational alimony may not be awarded following a marriage lasting less than 3 years. The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.
An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence.
The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.
Do You Need Help in Your Spousal Support Matters? Call Our Experienced Spousal Support in Miami-Dade and Broward County Now.
Having an experienced Florida family law firm like Capizzi Legal on your side can make a significant difference in the outcome regarding whether alimony is awarded or not. The issue of spousal support can impact your financial security for a significant time period, or even for the rest of your life.
If alimony is an issue in your South Florida family law matter, it is important to obtain advice from an attorney that understands all of the factors that the judge must consider. It is equally important to have an attorney that has the experience and confidence needed to present your case so as to achieve the best results for you. We have the knowledge and experience to help you with your case.
To initiate your journey towards a resolution with knowledgeable guidance, please fill out our contact form or book a consultation by using our online calendar. Capizzi Legal, a new take on family law.