Looking For An Alimony Lawyer In Tampa

What is alimony?

Commonly referred to as “spousal support,” alimony is the court ordered payment of money from one spouse to the other for the support of the recipient spouse. Alimony is only awarded in divorce cases. Alimony is not awarded in cases where the parties were not legally married, even if they have minor children.

Is alimony awarded automatically?

No. Alimony is not awarded automatically in every divorce case. Alimony is only awarded when one party has a need for alimony and the other party has the ability to pay for alimony.

Where can I find out whether I will receive alimony?

There is neither a bright-line rule nor a formula for someone to easily find out whether you are entitled to alimony in the State of Florida. You will need to determine if you have a monthly need for alimony, after applying your income to your regular recurring expenses, and your spouse has the ability to afford alimony, after applying his/her income to his regular recurring expenses. An experienced family law attorney can help walk you through this analysis and evaluate if you will be a candidate for alimony in your divorce case.

How do I calculate how much alimony I will pay?

There is no quick and easy calculation for the alimony amount that you will pay in your case. Alimony is not a formula. Alimony is based on one party’s need and the other party’s ability to pay. You should consult with a Tampa alimony lawyer to help you assess the likelihood and range of alimony that could be awarded in your dissolution of marriage case.

What are the different types of alimony that can be awarded in Florida?

Under Florida law, a court may award the following types of alimony, or a combination of the following types of alimony, in a dissolution of marriage case. Depending on the facts of your case, the court may either award a periodic (e.g. monthly payment) or a lump sum (e.g. one large payment) payment of alimony.

Bridge the Gap Alimony – The purpose is to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years.

Durational Alimony – The purpose is to provide a party with economic assistance for a set period of time following a marriage of short (< 7 years) or moderate (7-17 years) duration or following a marriage of long duration (> 17 years) if there is no ongoing need for support on a permanent basis.

Permanent Alimony – The purpose is to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. A court must find that no other form of alimony is fair and reasonable under the circumstances of the parties before permanent alimony can be awarded.

Rehabilitative Alimony – The purpose is to assist a party in establishing the capacity for self-support through either the redevelopment of previous skills or credentials; or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

Temporary Alimony – The purpose is to provide a spouse with support during the pendency of the divorce proceedings.

What other things does the court consider in awarding alimony?

After the court finds that one spouse has a need for alimony and that the other has the ability to pay alimony, the court considers the following factors in determine the type and amount of alimony:

(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) 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.
(f) 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.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) 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.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.

Navigating Florida alimony law without a seasoned family law attorney can be difficult. This is where we can help. Attorney Lexie Larkin has successfully negotiated and litigated favorable alimony awards for her clients. She will help you understand Florida alimony law and assess how your specific case fits into that framework. To schedule a consultation with Attorney Larkin now, click here to book a meeting online.