The Alimony Rules in Florida and How they Affect West Palm Beach Divorce
In this post, Family Law Attorneys break down alimony in Florida and how it affects West Palm Beach divorce.
Family Law Attorneys Break Down Divorce in Florida Alimony Basics
I find that the best mantra to use when dealing with alimony in a West Palm Beach divorce is AZ’s ‘knowledge is freedom’. Of course, the lyric is completed by ‘hop in the BM and drive to New Zealand’. Due to the purpose of this post, we will ignore that unfortunate follow-up and focus on the hook. In case you’re not familiar, AZ is one of the most underrated rappers to ever come out of BK. But I digress.
Best Family Law Attorneys Advice for Anyone Facing Divorce in West Palm Beach: Learn Florida Alimony Rules
The more educated a family law attorneys client is, the more equipped they are to handle divorce in Florida alimony challenges. Thankfully, yours truly is here to break it down for all of you inquiring minds out there. I know it may be difficult, but please, hold your applause.
Family Law Attorneys Rule Number One: Start at the Beginning
There are certain alimony rules in Florida that a court follows before it awards spousal support. To begin, the West Palm Beach divorce court makes specific findings of fact. The alimony 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 confirms this, on to the next. Step two is deciding the proper type and amount of divorce in Florida alimony to award. The judge considers several factors, most of all:
- Parties marital standard of living
- Duration of the marriage based on the year of marriage to the date of filing for divorce in Florida
- Age and the physical and emotional condition of each party
- The financial resources of each party
- Earning capacities, educational levels, vocational skills, and employability of the parties
- Contribution of each party to the marriage
- The responsibilities each party will have due to their Florida parenting plan and time sharing obligations
- The tax treatment and consequences to both parties of any divorce in Florida alimony award
- All sources of income available to either party, this includes income available to either party after equitable distribution
West Palm Beach Family Law Attorneys Warn that Lump Sum Alimony Doesn’t Fit the Definition
Florida family courts have found that lump sum alimony is not an independent form of spousal support under the alimony rules in Florida. Therefore, lump sum only comes into play when special circumstances exist that make other types of alimony unavailable or inappropriate.
For example, your spouse spent a good chunk of your nest egg at the Roulette table during your time of wedded bliss. Alternatively, he or she has since made significant contributions to the girls working the champagne room at Scores or the designer shoe department at Saks. Throw in the fact that they shortened their office hours to closely monitor their fantasy football league or because of monthly yoga retreats in Costa Rica.
In these cases, there’s a good chance the court will find it reasonable to suspect your ex will default on legal divorcing payments and award a lump sum to lessen the possibility of you getting gypped.
The Alimony Rules in Florida every West Palm Beach Family Law Attorneys Playbook Highlights
The second function of lump sum support is to equalize an equitable distribution of marital property. The payor must have the financial ability to make the Florida alimony payments while not substantially endangering his or her economic status.
There are several other unique functions of lump sum alimony. It can be real property, such as a divorcing spouses half-interest in a marital home. It also establishes a fixed monetary obligation that vests immediately when documents are processed. The obligation is non-modifiable and doesn’t end when the payee remarries or when the payor dies.
West Palm Beach Family Law Attorneys Explain the Mechanics of Alimony Rules in Florida
Florida alimony rules allow different kinds of support awards in West Palm Beach divorce:
- Bridge the gap
A Florida alimony judge can award any combination of these forms. There can be either periodic payments or payments in lump sum or both.
West Palm Beach Family Law Attorneys Break Down the Duration of Marriage Guidelines for Alimony Rules in Florida
The type of Florida alimony award a judge chooses has a lot to do with the length of the parties marriage.
- A short-term marriage is less than 7 years
- A moderate-term marriage is greater than 7 years but less than 17 years
- A long-term marriage is 17 years of more
The length of a marriage is the period of time from the date of marriage until the date one party files for divorce.
In Conclusion, Alimony Rules in Florida are Complex and Require the Assistance of West Palm Beach Family Law Attorneys
If your head is spinning worse than a Delta on double secret probation trying to digest these terms, you’re in luck. The best divorce lawyers will know just how important it is to facilitate an understanding of all types of spousal support, including lump sum alimony.
After all… fat, drunk and stupid is no way to go through life, son.
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Family Divorce Lawyer Palm Beach County Practice Areas Include:
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Post Marital Agreements
Legal Separation Agreement
Alimony Rules In Florida
Alimony in Florida
Alimony Modification In Florida
Adultery Laws In Florida