Orlando Alimony Lawyer
Determining the Amount of Alimony Florida judges are permitted to take into consideration a number or factors when deciding whether to award alimony and if so, how much and for what period of time. That is why it is critical to speak with an alimony attorney to ensure all relevant circumstances are considered and a solid approach can be taken to best advance your interests. Relevant considerations for the family law judge include (1) a spouse’s standard of living; (2) the length of the marriage; (3) the parties’ ages, physical and emotional status; (4) financial resources; (5) the assets, both marital and non-marital along with liabilities of each; (6) the amount of time for one spouse to obtain work education and training, if appropriate; (7) the contribution to marriage, financially or in-kind by homemaking, education, child care and permitting the other spouse to build a career or profession; and, (8) all sources of income available to both parties. When a judge determines that financial assistance is warranted, there are four categories available:
Permanent periodic alimony is intended to provide additional financial resources in order to permit a spouse to maintain the same standard of living enjoyed during the marriage. Usually this option applies to long-term marriages and requires monthly payments. The party paying may deduct the amounts from federal tax returns, while the receiving spouse must declare the amounts as income. This financial obligation stops on the death of either spouse or remarriage of the receiving party; and, an ongoing “supportive relationship” may be considered as grounds for modification or termination as well.
Rehabilitative alimony provides assistance for one party to become better qualified to earn a higher income. A judge may find that one spouse, with additional training or education, can obtain a good paying job. During the period necessary to equip that spouse, perhaps up to six months or longer, the payments can help support that party. Certainly, if a spouse prior to childbearing held a professional license which lapsed during the marriage, providing the economic support to renew or reestablish licensure may give that spouse the ability to get back into the workforce in a meaningful manner. By doing so, there may be no need for any other type of spousal support payments. Examples of spouses who may benefit would include a former realtor, medical or nursing professional; or, a paralegal or legal professional.
Transitional alimony as its name implies is appropriate when a party’s circumstances do not fit the above two types of support. In this case, a spouse may benefit with an amount of money to make a break from their past situation. Funding a move or the purchase of a residence may permit the successful economic transition from married to non-married life.
Lump sum alimony is not quite so straightforward. Often it is mistaken for part of the equitable division of property between a husband and wife after consideration of the debts and assets of the parties. It can also be used to describe what, in fact, is a single payment of permanent periodic alimony. This type of alimony can be appropriate to provide a larger sum of money when required. Importantly, in order for a judge to properly consider the rights and obligations of the parties, often skilled trial work is required. While cases do frequently settle, you want to be prepared when you and your family’s financial life is at stake. Do not take chances. If you have questions, please take advantage of our FREE phone consultations and our online form. You will get answers and we can help.