Brandon Alimony Attorney
Alimony, also known as spousal support or maintenance, is an amount of money one ex-spouse pays to the other following a divorce. Alimony is not automatically granted or guaranteed in every divorce. Instead, one party must specifically request and prove that it is needed and that the other party is able to pay it. The parties can agree to alimony during negotiations or mediation, the court can order it after a trial, or a prenuptial agreement might have long ago set out the terms for alimony in case of divorce.
If you are seeking alimony or being asked to pay support in a Florida divorce, Brandon alimony attorney Stephanie Koether can advise you and advocate for you in settlement talks, mediation or litigation. Call Koether Law, P.A. to discuss the matter of alimony and other important issues in your Brandon divorce.
The Different Forms of Alimony in Florida
Florida courts recognize five different types of alimony that can be awarded, depending on the needs of the party requesting alimony. These forms of alimony are listed below:
Temporary alimony is spousal support ordered during the divorce proceeding so that a party can afford legal counsel and living expenses until the final outcome of the divorce is decided, along with final orders regarding alimony, child support, the division of marital property, and other matters. Temporary alimony terminates when the divorce becomes final. Temporary alimony is often referred to as alimony pendente lite in court documents.
Bridge-the-gap alimony is meant to help the receiving party transition to single life. It is awarded to meet the party’s identifiable, short-term needs. Bridge-the-gap alimony can last as long as two years.
Rehabilitative alimony is awarded to meet a specific plan drawn up by the requesting party so the person can acquire or reacquire the education, training, job experience or credentials necessary to become self-sufficient.
Durational alimony is awarded for a set period of time not to exceed the duration of the marriage. If the court determines the requesting party needs economic help for a defined period but not permanently, durational alimony might be appropriate.
If the requesting party lacks the ability to meet the needs and necessities of life according to the standard of living established during the marriage, the court will consider awarding alimony permanently.
Permanent alimony is typically only granted after the end of a long marriage, while durational alimony is more often given after a short or medium-length marriage. For alimony purposes, Florida courts define a short marriage as one that lasted seven years or less and a long marriage as one that lasted longer than 17 years.
How Florida Courts Decide on the Type, Amount and Duration of Alimony
If the court determines that the requesting party has an actual need for alimony and the other party has the ability to pay, the judge then considers all relevant factors to decide what type of alimony is proper, how much should be awarded, and for how long. By law, the court must consider the following factors:
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of each party
- The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each
- The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career-building of the other party
- The responsibilities each party will have with regard to any minor children they have in common
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment
- All sources of income available to either party, including income available to either party through investments of any asset held by that party
- Any other factor necessary to do equity and justice between the parties
Our Brandon divorce lawyer is an experienced litigator who can gather appropriate evidence and make a strong case to the judge regarding how these factors weigh in your favor when it comes to an alimony award.
Help With Alimony in Brandon Divorce Cases
If you are needing alimony during or after your divorce, or if you are being asked to pay alimony and want to make sure you are treated fairly, call Koether Law, P.A. for help with alimony and all the important issues in your Brandon divorce. Call 813-347-8193 for a free consultation so we can get to know you and let you know how we can help.