Florida Alimony Lawyer
Whether you will be the receiving spouse or the paying spouse, it is important to know your rights and responsibilities regarding alimony. The Law Offices of Travis R. Walker, P.A., have a skilled and experienced legal team that provides personalized, comprehensive legal support. Speak with an experienced Florida alimony lawyer who will protect your interests.
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What Is Alimony?
Alimony, also known as spousal support or maintenance, is temporary financial support that one spouse provides the other during a pending divorce and for some time after. Either spouse may be eligible for alimony.
Typically, a court determines whether to award alimony and the payment terms after conducting an equitable distribution of the couple’s assets. Spouses can agree on alimony if they are negotiating the divorce terms, but the agreement still needs the court’s approval and entered in an order.
Alimony in Florida is not meant to punish a spouse but to help put the spouse with fewer resources into a position where they can provide for themselves.
What Are the Different Types of Alimony in Florida?
A Florida judge may award alimony to either spouse depending on need. For purposes of alimony law, Florida defines short-term marriages as lasting less than 10 years, moderate-length marriages as lasting 10 to 20 years, and long-term marriages as lasting 20 years or longer.
There are several types of alimony in Florida that address the receiving spouse’s applicable short- and long-term finances, including:
Until July 2023, the state allowed permanent alimony in cases where marriages lasted a moderate or long time. Permanent alimony helped the receiving spouse enjoy the same standard of living as during the marriage. However, a new law prohibits permanent alimony in any marriage dissolution in the state. The new alimony reform law also allows for modifications if the party making payments seeks to retire.
In Florida, judges do not automatically grant alimony. They award it as a solution when one spouse faces financial hurdles due to the dissolution of marriage. The nature of those hurdles determines who pays alimony and who receives it.
A skilled Florida alimony lawyer from The Law Offices of Travis R. Walker, P.A. can help you determine your needs when you divorce. Our combined experience in family law has given our attorneys a firm grasp on how dissolution affects families and what we can do to help them meet their post-marriage needs. Partner with us to relieve some of the stress for you and your family.
How Does the Court Determine Alimony in Florida?
Before considering other factors, Florida judges will first determine whether the party seeking alimony needs it and whether the other spouse has the ability to pay. The party seeking support has the burden to prove their need and the other’s ability to pay.
Once these conditions are established, the court will then determine the type and amount of alimony based on several factors, including the following:
To protect an alimony award, a judge may order the alimony-paying spouse to purchase a life insurance policy or bond or otherwise secure the ordered support with suitable assets. The judge may order both parties to contribute to this cost depending on their ability.
Can You Change Spousal Support in Florida?
A change in an alimony award is referred to as modification. If the court orders the alimony, the court will usually retain jurisdiction and discretion to modify the alimony in the event of a substantial and material change. Some examples of qualifying changes include remarriage of the receiving spouse, job loss, substantial pay raise, or the death of one spouse.
The bar to modify spousal support is high. Changes are not always permissible. However, when a spouse experiences a drastic and unexpected change that affects finances, requesting a modification can be beneficial in the long run. If you have questions about your rights and responsibilities regarding a support modification, speak with a divorce lawyer in Stuart, FL.
How The Law Offices of Travis R. Walker Can Help
At The Law Offices of Travis R. Walker, P.A., we specialize in family law, helping our clients with the following:
If you have questions about an alimony request, alimony tax consequences, or a pending divorce, consult the skilled legal team at The Law Offices of Travis R. Walker, P.A., today. We offer convenient in-office and virtual consultations so we can get a firm grasp of your case and how to guide you forward. We always do our best to help clients in stressful family situations navigate the legal process as quickly and painlessly as possible.
Contact Our Skilled Florida Alimony Attorneys Today
Divorces can be difficult for spouses and children and become even harder when there is disagreement over spousal support. An alimony award must be fair and equitable to both parties, and the process doesn’t have to be ugly.
At The Law Offices of Travis R. Walker, P.A., we work tirelessly for our clients, but we do it with the respect, dignity, and compassion that both parties deserve. If you have questions or need legal help for a divorce, alimony, or other family law matter, contact our skilled, experienced Florida alimony lawyers today!