Fort Lauderdale Alimony and Spousal Support Lawyer
In a marriage, it is not uncommon for one spouse – usually the man – to provide most of the finances used for the household. Thanks to their contribution, both parties can enjoy the benefits brought by this support.
However, when the marriage ends in divorce, one spouse will no doubt be unable to retain the same living standard because they do not have the same financial capacity as their partner. The court may consider their situation and order the other party to provide spousal support, which can be for a set duration or permanent.
Whether you believe you deserve to get spousal support or will be tasked to pay spousal support, you can speak to one of our experienced Fort Lauderdale alimony and spousal support lawyers at Fort Lauderdale Divorce Attorneys. If you’re receiving or paying support, our lawyers can assist you in understanding the legal process and utilizing all available options to calculate, modify, or contest it. We guarantee we will do our best to make the process stress-free and assist you in taking the best legal action for your case.
Call Fort Lauderdale Divorce Attorneys at (954) 371-2993 for your Consultation with a Fort Lauderdale Alimony and Spousal Support Lawyer.
Alimony or Spousal Support
Florida laws do not use the term alimony when describing court-ordered support to a spouse during or after a divorce. The term “spousal support” entails one spouse with the financial capacity to provide for the spouse who does not have the means to support themselves during or after the divorce. The support can be temporary or permanent, depending on the situation of the receiving spouse.
Alimony or spousal support will be awarded at the time of the divorce. It will be difficult to appeal or request support once the divorce is finalized, but the court may reserve the right to decide on the issue later. The duration of spousal support will be determined by the court early on. Still, it will end automatically when the spouse passes away, the receiving spouse remarries, the payment term ends, or the court issues a cancellation of payments.
Alimony Computation
It is not always a certainty that the court will award alimony as it will depend on the case before the court.
However, they make sure that should they award alimony; they will look into the need of one party to receive support and the capacity of the other party to provide support. If both factors are met, alimony will then be computed based on the following:
- The length of the marriage – short [less than seven years], medium [7 to 17 years], or long [more than 17 years]. It is common that short marriages should not qualify for spousal support, while long marriages should get spousal support.
- Standard of living throughout the marriage
- The age and physical and emotional state of both parties
- The financial capability and outlook of each party after the divorce
- All available income sources for either party
- The earning capability, skills, and resources of each party
- The contribution of either party in the marriage, for example, to homemaking, finances, and others.
- Other factors the court finds crucial for the case, such as any evidence of cheating.
Our Fort Lauderdale alimony lawyers can help you understand the factors that may be considered when the court computes the alimony amount. We can assist you in appealing the amount or qualifying for spousal support if your case is not considered by the court.
Types of Spousal Support in Florida
In Florida, the court would often take the stance that each marriage has two spouses that enjoy the same standard of living. However, once the marriage ends, the spouse who earns more is responsible for maintaining the same living standard as the other spouse and not letting them fall to a lower living standard and seek government assistance.
There are five different types of spousal support in Florida that a court can order for the case if couples cannot agree on a support arrangement on their own. The computation for spousal support listed above will be adjusted depending on the type of spousal support awarded by the court.
Temporary Spousal Support
Under temporary spousal support, the lower-earning spouse will be given support to get them through the divorce process. However, the temporary support will end once the divorce process is over.
Bridge-The-Gap Support
Florida is one of the few states that offers bridge-the-gap spousal support, which is the support that will allow the recipient to “bridge the gap” between married life and divorced life. This means that they will get support for two years, typically meant to support them as they transition to a new life. Once the two years are done or if the recipient’s spouse remarries, the support will end, and no more alimony will be given.
Rehabilitative Support
This is the most popular type of support awarded to most cases in Florida. It is often used to enable the low-earning party to become self-sufficient through career advancement, education, or retraining. For this support to be granted, the party receiving it must show a detailed rehabilitative plan that will guide the party to become self-sufficient.
While the rehabilitative plan can include an estimate of how long the support is needed, it is not limited to the length of time.
Durational Support
Durational support is a new type of support in Florida that allows support for a set duration. The court can review the time frame of the support and modify it should extreme circumstances require it, the length not exceeding the length of the marriage.
Permanent Support
While rarely awarded, permanent support is given to marriages that lasted for more than 17 years. The party seeking support must show they cannot become self-supporting, barring specific circumstances such as disability or caring for a disabled child.
Want to know which type of support to request? Or do you wish to know how much it will cost if you are tasked to provide support? Let our Fort Lauderdale alimony and spousal support lawyers look at your situation and assess how to tackle your case. We can also help you adapt to the ruling so you can utilize the support without worries before it expires.
Spousal Support Modification
Given the unpredictability of many events that can disrupt one’s life in more ways than one, there will be a chance that the spousal support one party is receiving may no longer be enough. You may be able to request a modification at any time, provided that you can prove that the amount is no longer enough to cover all your expenses. However, it is important to remember that each type of support will have different criteria for modification, and it may take time before a modification can be done.
One of our assigned Fort Lauderdale alimony and spousal support lawyers can help you seek modification and help you collect the evidence that will support your case. On the other hand, if you are paying for spousal support, our team can review the request and appeal should you find the amount they seek to be too much. We can also help you review your financial status so you know how it will affect your support obligations and request any reductions.
Talk To Our Legal Experts Today
No one would want a failed marriage, especially if love existed before the relationship broke. However, if the marriage has affected one’s capacity to support themselves after the divorce or cannot do so, spousal support must be given to help the other party restart their life after the divorce is decided.
As your Fort Lauderdale, FL family law firm, we will help you arrange spousal support from your previous partner and ensure it is an amount you can live on while you get your bearings. You can also trust us to help you appeal or negotiate the amount of the support if you are the one ordered by the court to pay for it. Regardless of your situation, you are guaranteed to get the best legal assistance from us whenever you reach out, and we will be with you at every step.
Call Fort Lauderdale Divorce Attorneys at (954) 371-2993 for your Consultation with a Fort Lauderdale Alimony and Spousal Support Lawyer.