Davie Spousal Support & Alimony
Marriages are not always guaranteed to last a lifetime. If yours finally met its end, financial concerns must be your next big problem following an emotional breakdown. Fortunately, that is what Dalton Law Firm, P.A. is here to help you with.
Alimony is one way of securing that you will still have something to support you after a failed marriage. If you stopped working or studying upon entering the marriage, which led to your incapacity to become self-sufficient, requesting for an alimony award is a good legal decision.
On the other hand, if you are the spouse with a substantial income, you can be legally expected to pay alimony to your ex-spouse. It is then crucial that you know your rights and fight for a fair agreement before the court.
Whatever your circumstances are, it is recommended to work with a professional alimony attorney when dealing with a spousal support case. Whether you are the receiving or the paying spouse, you have rights and interests that you need to advocate for. Our skilled and knowledgeable attorneys can help you do this with efficiency.
If you are about to face an alimony case, reach out to our Davie alimony attorneys today. They will explain where you stand in the law and will discuss the options you have in reaching a favorable resolution to your case. They can also draft an agreement and negotiate on your behalf.
Contact Dalton Law Firm, P.A. at (954) 371-2993 for a Consultation.
Florida has numerous statutes on alimony. Some key concepts include need, ability to pay, and the duration of the marriage. After some amendments, the Florida law on alimony now established presumptions on what constitutes long-term, moderate-term, and short-term marriages. The state law also defines the different types of alimony available in Florida.
The general purpose of alimony is to rehabilitate, although it can also provide for necessities for marriages that lasted for more than 17 years. Most paying spouses already recognize their obligation to support their children. However, many of them are hesitant to support someone they are no longer married to. This is where alimony attorneys play an important role in negotiation for a fair and favorable alimony agreement.
If the court already gave an alimony order, failure of the paying spouse to comply can result in unpleasant circumstances. After filing a petition in court to enforce the order and the paying spouse still refuses to obey the order, he/she can be held in contempt, can be required to pay fines, or can be sent to jail for some time.
Factors in Determining Alimony
If you and your former spouse did not draft a marital settlement agreement (MSA), the court would determine if one spouse needs alimony, and if the other spouse can pay for spousal support.
Once the court confirms both conditions, it will then determine the type of alimony to be awarded and the appropriate alimony amount. The following factors will be considered to determine the alimony order:
1. The duration of the marriage
2. The standard of living during the marriage
3. Each spouse’s physical health
4. Each spouse’s emotional health
5. Each spouse’s age
6. Each spouse’s financial status, including marital and nonmarital assets and liabilities
7. Each spouse’s contribution to the marriage, including noneconomic work like housekeeping, child care, education, and career-building
8. Each spouse’s earning capacity
9. All other factors that the court deems necessary to ensure a fair alimony award
Types of Alimony in Davie
The following are the type of alimony that can be awarded in Florida:
Bridge-the-gap alimony. This type is awarded to assist the receiving spouse in his/her transition from being married to being single again. It addresses short-term needs and is statutorily limited to a maximum of only two years. Bridge-the-gap alimony cannot be modified and will immediately be terminated at the death of either spouse.
Rehabilitative alimony. This type aims to assist the receiving spouse in developing employable skills. Rehabilitative alimony helps the spouse become self-sufficient and will require a specific and defined plan to be awarded. This type of alimony is modifiable if there are significant changes in circumstances, noncompliance with the plan, or completion of the rehabilitative plan.
Permanent alimony. This type is based on the factors of a typical spousal support order. It is awarded based on how long the marriage lasted. The duration is classified into three categories:
1. Short term – less than seven years
2. Moderate – between 7 and 17 years
3. Long term – more than 17 years
Before the court awards permanent alimony, it must first recognize that other forms of spousal support don’t apply to the spouses’ circumstances.
Durational alimony. This type of alimony is awarded only if awarding permanent alimony is deemed unfair. It provides support for a certain period after a short-term, or a moderate-term marriage has ended. The amount of alimony can be changed, but the duration of alimony payment should not exceed the duration of the marriage itself.
It is recommended to talk to an expert Davie alimony attorney to know what’s the most appropriate alimony type for your circumstances. They can help you present a compelling case before the court and get a favorable result in the end.
Modifications on Alimony
Over time, both of the spouses’ circumstances may change and make the existing alimony award already inappropriate or unfair. If this happens, you can file a request to the court to modify the alimony order.
Modification can be awarded if the following occur:
- The paying spouse loses his/her job.
- There is a decrease in the income of the paying spouse.
- The paying spouse retired.
- The paying spouse gets ill or disabled.
- The paying spouse got a salary increase.
- The receiving spouse found a good-paying job.
- The receiving spouse gets married.
If you believe a modification is needed in your alimony order, talk to your attorney immediately. Discuss the situation and know all of your legal options.
Contact one of our alimony attorneys for a Consultation at (954) 371-2993 now.
Best Alimony Attorneys in Davie
Whether you are the paying or receiving spouse of the alimony, it is equally important to work with a skilled alimony attorney. This is to ensure that all your rights will be protected and your interests will be pushed forward to acquire a fair and satisfactory result.
In Dalton Law Firm, P.A., we have some of the best alimony attorneys in Davie, FL. Each one of them is highly knowledgeable in Florida law and knows how to how to create a comprehensive agreement and ensure a smooth negotiation with favorable results.
Our attorneys are all committed to providing quality service that will not just reduce your stress but will also save you time and money. With our lawyers working alongside you, you can rest assured that you will be at a legal advantage and will soon start a single life with little to no financial worries at all.
Let’s Talk- Dedicated Family Law Firm
The law is subject to constant change. If you want to know the best course of action to take about your alimony, talk to a Davie alimony attorney at Dalton Law Firm, P.A. today. They will help you undergo a significantly less stressful process in reaching the fair alimony agreement that you want and deserve.
Contact Dalton Law Firm, P.A. at (954) 371-2993 for a Consultation.