Florida Alimony Rules shape Divorce Spousal Support
There’s no doubt that a Florida alimony calculator would make the life of a divorce attorney a lot easier. Unfortunately, divorce spousal support in the sunshine state isn’t that cut and dry.
South Florida Divorce Attorney Explains how Florida Alimony Rules Prove there’s no Alimony Calculator
As a Florida attorney, I always find it exciting when a divorce client insists that their primary concern is for both parties to get a fair deal. After all, there was a great deal of love shared for a number of years. The experience is something he or she will be eternally grateful for. Why go through the time and money to search public information records and dig up dirt? At that point, I can hardly contain my joy in working with such an enlightened being. It’s wonderful! Heart warming in fact. Florida lawyers never experience this. Then the mood changes.
As I am about to break out the tambourine for a duet of Kumbaya, the clearing of a throat catches my attention. The client leans forward and casually mentions how much they are slated to get according to a Florida alimony calculator they found on the internet. They do have a trip planned next weekend to Miami to paint the town red, after all.
Florida Alimony Rules Outline the Different Types of Spousal Support
Our states support laws allow a court to award spousal support to either party in a state divorce. Florida categorizes the types of award alimony court can grant:
- Bridge the gap
A court can also award any combination of these forms of spousal support and it can take the form of a temporary award. In any stated award of alimony in Florida, the family court may order periodic payments or payments in lump sum or a combination of both to the party that receives alimony. As a result, these complexities make it difficult to have a Florida alimony calculator to figure out the amount of support spouses might pay. In addition, the framework for the amount and duration of support states choose to follow varies. It is true that other members of the union have adopted the handy tool, but Florida isn’t a member of the tribe. Just as every divorce state differs in how they handle their proceedings, states child support divorce and spousal support guidelines are unique.
Florida Alimony Rules for Bridge the Gap Support
The purpose of this type of spousal support is to aid a spouse in making the transition from married to single following Florida divorce. It helps the non income spouse meet legitimate and identifiable short term needs. For example, paying a security deposit on a new home. Consequently, it’s short term in nature. Alimony laws mandate that it last a maximum of two years.
Rehabilitative Alimony Defined
This form of spousal support has the specific purpose of assisting the recipient in acquiring education or training necessary for appropriate employment. For example, if a party was a teacher prior to marriage and let their certification lapse. There must be a detailed plan submitted to the Florida family court outlining the amount of money and time required.
What is Durational Florida Alimony?
A court can use this award if other types of spousal support are insufficient to meet a spouse’s needs following Florida divorce. The maximum term of durational alimony is the length of the marriage.
The Details of Permanent Alimony
If a party’s economic need is likely to be permanent following divorce, Florida courts can award this form of spousal support. A judge can make this award only if all other forms of alimony are found to be inappropriate. The purpose of permanent alimony is to provide for the financial needs of a spouse who lacks the ability to become self-supporting.
Boca Raton Divorce Attorney Details Florida Alimony Rules, the Type and Duration of Alimony Depends on Several Factors
In determining whether to award court spousal support, a Palm Beach County divorce court must first make specific findings of fact. The family court judge needs to determine whether either party has an actual need for alimony and whether the other spouse has the ability to pay. If the court finds that a party has a need for Florida alimony and that the other party has the ability to pay, then it’s time for calculating alimony. In some cases, spouses support each other both during and after the marriage. There are several factors to consider:
- Standard of living established during the marriage
- Duration of the marriage
- Age and the physical and emotional condition of each party
- The financial resources of each party; this includes both non-marital and marital assets and liabilities distributed
- Earning capacity, educational level, vocational skills, and employability of each party
- Contribution of each party to the marriage
- The responsibilities each party will have in their Florida parenting plan
- The tax treatment and consequences to both parties of any award of divorce spousal support
- All sources of income available to either party; this includes income available to either party after equitable distribution
Boca Raton Florida Divorce Attorney, Jordan Gerber, Esq., Breaks Down the Duration of Marriage Guidelines under Florida Alimony Rules
The fact that the length of the parties marriage is another cog in the wheel further emphasizes the impossibility of a Florida alimony calculator. For purposes of awarding divorce spousal support under Florida alimony statute 61.08:
- Short-term marriage has a duration of less than 7 years
- A moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years
- A long-term marriage is a marriage having a duration of 17 years or greater
Knowledge is Power When it Comes to Florida Alimony Rules
In sum, Florida alimony payments are based on entitlement and amount. Parties think they’re guaranteed a certain amount of support because he or she makes peanuts when compared to the rubber band banks their ex is holding. However, a disparity in income alone isn’t enough to justify a divorce spousal support award. Furthermore, it;s an abuse of discretion for a court to award alimony payments that exceeds a party’s need.
It’s especially relevant to note that the issue of alimony is raised after the division of property as part of equitable distribution in family divorces. If a spouse receives sufficient income-producing assets through equitable distribution and all of their needs are met, alimony isn’t appropriate. Regardless of the wealth of the other party. With an emphasis on quick fixes like online divorce and the Florida alimony calculator, many are quick to ignore this central issue of entitlement.
How to Find the Best Boca Raton Florida Divorce Attorney to Answer Your Questions about Spousal Support
Securing a spouses alimony is not the wham bam thank you ma’am walk in the park many assume it to be. Punching in numbers on your iPad is not what determines alimony in Florida. Whether you are looking to get paid or trying to protect your keesh, your best bet is to find Florida divorce lawyers who will tirelessly fight for your interests.
Click Palm Beach Divorce Family Lawyer today to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County. Assisting in all areas of Florida Family Law.
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Alimony Laws In Florida
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