The end of a marriage is a challenging time, affecting various aspects of life including living arrangements, child custody, daily routines, and employment. Some individuals may have sacrificed their careers for their spouse or family. A Jacksonville family attorney can help with Florida alimony claims or defense.
Florida courts consider multiple factors when determining alimony calculations, including adultery and its circumstances. Other factors include the couple’s standard of living during marriage, marriage duration, age and physical condition of each party, financial resources, contributions to the marriage, earning potential and employability, responsibilities towards children, and all sources of income. Courts have significant discretion in these decisions, making it crucial to present a strong case.
Florida law provides for equitable distribution of marital assets upon divorce. It allows courts to award additional financial support based on need and ability to pay. This support, known as alimony, can take various forms depending on the unique circumstances of your case. How alimony is calculated by a Florida Court starts with determining the appropriate type of award.
Bridge-the-gap alimony is intended to assist a party in transitioning from married life to single life. It is designed to address legitimate, identifiable short-term needs and is not intended for long-term support or rehabilitation. Courts typically award this alimony when the receiving spouse is already employed and possesses adequate employment skills.
Rehabilitative alimony is designed to assist a spouse in becoming self-supporting by either redeveloping previous skills or acquiring the education, training, or work experience necessary to develop new employment skills. It is typically awarded for a limited period, not exceeding five years, and may be modified or terminated based on a substantial change in circumstances.
Durational alimony in Florida is a form of spousal support intended to provide economic assistance for a set period of time following a dissolution of marriage. It is designed to offer support for a duration that does not exceed the length of the marriage. An award of durational alimony terminates upon the death of either party or the remarriage of the obligee. While the amount of durational alimony may be modified or terminated based on a substantial change in circumstances, the length of the award can only be modified under exceptional circumstances.
Lump Sum alimony is a fixed and certain amount of money awarded to one spouse, which vests immediately and is not subject to modification, increase, reduction, or termination due to any contingency, including the death of the payor or the remarriage of the payee. This award is in the discretion of the Court and is appropriate when there are special circumstances that make such an award advisable, such as ensuring equitable distribution of marital assets or meeting the special needs of a party. The court must consider all relevant circumstances to ensure equity and justice between the parties when calculating lump sum alimony.
Given the complexity of alimony decisions, it’s essential for those seeking or avoiding alimony to consult with an experienced family law attorney. A skilled attorney can help collect and present evidence effectively, potentially negotiate settlements without court intervention, and maximize the chances of a favorable outcome. Whether seeking alimony or defending against it, professional legal assistance is crucial in navigating the complexities of Florida alimony and spousal support law.
About the Author
Neil L. Weinreb is a Florida licensed attorney who has been practicing family law for over 20 years in Florida. Mr. Weinreb works for the McGRATH GIBSON LAW in Jacksonville, Florida handling complex Family Law and Divorce cases. Call (904) 358-3300 to set a consultation today!