4 Things To Know About Seeking Alimony In A Florida Divorce Case
Alimony can be one of the most contentious aspects of a divorce case, in part because a paying spouse often doesn’t want to pay at all, or the same amount or the period of time. Additionally, unlike child support, while there are guidelines, there is not a specific formula meaning different judges can result in different outcomes. In Florida, you have to specifically request the form of alimony you are seeking in the pleadings before it can be considered.
Beyond this basic overview, you should be aware of a few practical considerations about spousal support that are sometimes overlooked. These are the factors that you might not think of when your primary concern is your financial situation. Your Dade City alimony attorney will advise you on how the following points could affect your request for spousal support in a divorce case.
- You may qualify for different types of support. There are several types of alimony including:
- Temporary – during the marriage.
- Bridge-the-gap alimony for short-term needs while transitioning to a single household;
- Rehabilitative alimony to help one party become self-sufficient; and,
- Durational, which is economic assistance for a set period of time and is considered in marriages of seven to seventeen years.
- Permanent Periodic Alimony – Is considered in marriages of longer than 17 years.
- There is no entitlement to alimony. Neither wife nor husband has the right to spousal support, and the statute describes the threshold consideration when awarding alimony. The judge must make a specific finding of fact that:
- A party has an actual need for alimony; AND,
- A party has the ability to pay it.
There are several types of alimony including:
- Temporary – during the marriage.
- Bridge-the-gap alimony for short-term needs while transitioning to a single household;
- Rehabilitative alimony to help one party become self-sufficient; and,
- Durational, which is economic assistance for a set period of time and is considered in marriages of seven to seventeen years.
- Permanent Periodic Alimony – Is considered in marriages of longer than 17 years.
- A court has discretion under the statutory factors. Keeping the above types of alimony in mind, the statute includes numerous considerations a judge will weigh in making a decision. They include the length of the marriage, age and physical condition of the parties, financial factors, and earning capacities. Contributions to marriage and giving up employment opportunities may also impact the determination. Plus, there is a catch-all in the law, allowing the court to weigh any other factor that would serve justice between the parties.
- Agreements on spousal support are possible. When considering your options for seeking alimony, you should be open to the idea of working out the details by agreement. If there is a true need, it is probably clear to your spouse and legal counsel. They may be amenable to settling on spousal support rather than risk losing in court.
Discuss Details with a Florida Alimony Lawyer
These points about seeking alimony should put things into perspective if you are involved in a divorce case, and The Law Office of Laurie R. Chane can advise you on additional details. Please contact our Dade City location today by calling 352-567-0055 or visiting us online. We can set up a consultation to review your circumstances and discuss options.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.08.html
