Spousal support, also known as alimony, is a form of financial assistance paid from one party to the other in divorce cases. It is a court-ordered payment to help a spouse maintain the standard of living established during the marriage. It is not intended to punish the party seeking alimony or reward the paying party for bad behavior, although Florida law does allow judges to consider adultery in making alimony decisions.
Unlike child support, which is determined by state statute, alimony is decided at the discretion of the court and requires a full factual record to be made to determine entitlement, amount, duration and form of alimony. The Miami divorce lawyer at Davis and Associates, Attorneys at Law, LLC have extensive experience handling all types of divorce cases and can help prepare and present the strongest arguments regarding alimony to the court.
There are many different forms of alimony and they vary by the type of marriage, the duration of the marriage and the needs of each party. These include temporary alimony (to cover expenses during the pendency of the divorce proceeding), bridge-the-gap alimony to provide income to assist the party in transitioning from married life to single, rehabilitative alimony to help a person become retrained, educated and self-sufficient, durational alimony which provides support for a specific period of time and permanent alimony which is designed to meet the needs of one party for an indefinite period of time.
The length of the marriage is the primary factor in determining the length of alimony. The court can award short-term alimony for a marriage that has been in existence for less than seven years, medium term alimony for a seven to 17 year marriage and long-term alimony for a marriage lasting more than 17 years. In addition, the court can also grant a lump sum alimony payment.
If a spouse has an economic disadvantage due to the lack of earnings or loss of earning ability of the party seeking alimony, the court can award a permanent alimony payment that will last until the death of either party or the remarriage of the recipient. In general, a judge will award an alimony award to enable a former spouse to continue to live as they did during the marriage and to avoid a significant economic disadvantage in the wake of the divorce.
In all types of alimony, the court must take into account the supporting spouse’s ability to pay and the receiving party’s need for support. A judge will examine the parties’ financial affidavits and make a final determination based on these factors.
The alimony attorneys at our firm negotiate alimony payments for clients on both sides of the issue and defend spousal support claims for spouses that want to limit their alimony obligations. In addition, our lawyers can handle all issues related to a modification of an alimony award or enforcement of an existing alimony agreement. Call us today to schedule a consultation with one of our lawyers who can provide expert advice regarding this important aspect of divorce proceedings in Miami, FL.
