Palm Beach County Alimony Tips to Know When Filing for Divorce in Florida
This post focuses on Florida alimony law. Specifically, how it’s calculated under Florida Statute 61.08. Figuring out divorce spousal support can be confusing because people are often uninformed. There are many types of alimony you should be familiar with when filing for Palm Beach County divorce. It’s especially relevant to understand that a court awards permanent alimony only in very limited circumstances.
Florida Alimony Law Explained by Boca Raton Divorce Attorney
When someone faces the Florida divorce process, the same complaints echo insode Palm Beach County alimony court. ‘I can’t believe the nerve of my ex. I rescued her from that dead end job at the salon/diner/strip club. She hasn’t had to lift a finger since. And now she wants permanent spouse alimony awarded in our case? I should’ve known she was a gold digger!’ Or perhaps you had to listen to something like the following. ‘When we first got married, you would’ve thought his last name was Buffett. One day, I came home from a twelve hour work day to find him on the couch. Sitting in his underwear and crying because the market was down. And that was five years ago! And now, he has the nerve to ask ME for spousal support?’
Florida Alimony Law is Easier to Understand Once You Know the Guidelines Used in Florida Statute 61.08
In determining whether to award alimony, a judge must first make specific findings of fact. Consequently, a family court judge first needs to determine whether either party has an actual need for an award court alimony. Following this, 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 can pay, then the proper type and amount of divorce spousal support is decided. The framework for this is found under Florida Statute 61.08. Most noteworthy, Florida Statute 61.08 includes many factors a court needs to consider before it can award alimony:
- The standard of living established during the marriage.
- The duration of the marriage based on the year of marriage to the date of filing a petition for dissolution of marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party. This includes the nonmarital and marital assets and marital liabilities distributed to each in the divorce.
- The earning capacities, educational levels, vocational skills, and employability of the parties. When applicable, the time necessary for either party to acquire sufficient education and training to enable such party to find appropriate employment.
- The contribution of each party to the marriage. This includes services rendered in homemaking, child care, education, and career building of the other party.
- The responsibilities either party will have in their Florida parenting plan and time sharing obligations.
- The tax treatment and consequences to both parties.
- All sources of income available to either party. This includes income available to either party after equitable distribution.
Boca Raton Divorce Attorney Explains Rehabilitative Alimony under Florida Statute 61.08
The next time you have the pleasure of encountering one of these fine people, you can tell them to relax. This is because there are many types of divorce spousal support a court can award under Florida alimony guidelines. In this situation, you may have the answer to their problems. Rehabilitative alimony is appropriate when a marriage affects a person’s ability to find the same or similar employment following the parties’ split. Maybe they let their license expire. Or they took a break from their job because they wanted to stay home with the kids. Rehabilitative alimony may be awarded under Florida alimony law to assist a party in re-establishing a party’s ability to support themselves. This is done two ways:
- Through the redevelopment of previous skills or credentials, or
- Through education, training, or work experience
As a result, this provides the necessary skills for them to return to the job market. Consequently relieving you of being on the hook for a permanent award of alimony. Furthermore, to get rehabilitative alimony in Florida, there must be a specific and defined plan included in the order to justify the award.
Finding the Best Boca Raton Divorce Attorney to Help Navigate Florida Alimony Law Under Statute 61.08
There are many factors to consider in drafting a valid plan for this type of alimony award. Not everyone will qualify as a candidate. The help of a skilled Boca Raton Divorce Attorney can help guide you avoid getting hoodwinked by your former flame.
Click Boca Raton Divorce Attorney 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.
Boca Raton Alimony Attorney Practice Areas Include:
Simplified Dissolution of Marriage
Post Marital Agreements
Legal Separation Agreement
Florida Alimony Law
Divorce Spousal Support
Alimony Modification In Florida
Adultery Laws In Florida