In a proceeding for dissolution of marriage, the court may grant alimony to either party. Florida law provides for five different types of spousal support: temporary alimony, bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony. The types of possible spousal support available to you will depend on the specific facts of your case. Alimony can be a hotly contested issue and courts have some discretion in deciding whether to award spousal support. Because alimony can play such a large role in your future financial standing, we will work diligently in your support negotiations to seek a fair settlement.
Factors in Determining Alimony
In deciding whether to award alimony or spousal support, the court will first make a determination about whether either party has an actual need for alimony and whether the other party has the ability to pay support. Once need and the ability to pay is established, the court will consider:
The standard of living established during the marriage
The duration of the marriage
The age, physical condition, and emotional condition of each party
The financial resources of each party
The earning capacity, educational level, skills, and employability of the parties
The contribution of each party to the marriage
The responsibilities each party will have to minor children they have in common
The tax consequences to the parties
All sources of income available to the parties, and
Any other factor necessary to do equity and justice between the parties
Modification of Alimony
In certain circumstances, the court may modify a previous award of alimony. This situation usually arises when there has been a substantial change in circumstances. For the court to find a substantial change in circumstances, it must be a change that was involuntary and permanent. The change must also have a negative impact on the recipient’s financial condition. Some examples of a substantial change in circumstances could include a significant increase in income, job loss, or significant changes in health. Alimony can be terminated entirely when the recipient spouse remarries or when they enter into a “supportive relationship.” Determining when an award of alimony is modifiable can be very challenging. Hiring an attorney may help you understand whether seeking a modification is appropriate for the facts of your case.
Highlands, Polk, and Hardee County Alimony Lawyer
Copley & Hargaden, P.A.
is highly experienced in representing clients in divorce and modification proceedings involving alimony. If you are considering filing a divorce or modification involving alimony, we invite you to contact us to schedule a consultation. For over three decades we have represented clients in Highlands, Polk, and Hardee Counties
in divorce and other family law matters involving alimony.
ADDRESS: 435 S Commerce Ave, Sebring, Florida 33870-3702
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