A divorce can cause a massive upheaval in your family life, and it can also have a significant impact on your financial well-being. The economic impact of a divorce is rooted in spouses typically merging their finances, along with the other aspects of their lives. Alimony is one of many ways a divorce court might help a spouse financially recover after a split.
If you have questions about your alimony rights in Florida, a Dade City alimony attorney can give you answers. Newlon Law, P.A., is here to break down the state’s alimony laws for you and help protect your interests in any alimony case. Attorney Jon Newlon is an award-winning advocate with over 25 years of experience. Jon Newlon knows how to fulfill the needs of divorcing spouses in Florida.
What Is Alimony?
Alimony is court-ordered financial support that one spouse pays to the other, typically after a divorce. The payments are meant to help a spouse meet their financial needs and maintain a similar standard of living to what they had during their marriage. You can litigate for your right to alimony in family court, or you and your spouse can voluntarily agree to an arrangement if it is in writing, signed, and fair.
Different Types of Alimony
Not all alimony is created equal. Like many other matters in a divorce case, alimony orders change from couple to couple in light of their unique needs and circumstances. If you are seeking alimony in your divorce case, this variety is good news because you might have multiple valid arguments regarding your right to alimony. Read below for a discussion of the different types of alimony, and ask our alimony attorney in Dade City about your options.
Bridge-the-Gap Alimony
This type of alimony is for individuals the court believes may need financial help adjusting to a single life. Bridge-the-gap alimony payments address only the short-term needs of the receiving spouse, and they cannot last longer than two years. Also, a spouse cannot modify this kind of alimony.
Rehabilitative Alimony
A spouse might forgo their earning power to support their marriage, and this action could put them at a significant disadvantage after a breakup. Family courts order rehabilitative alimony to help a spouse who has been out of the workforce develop their job skills and become self-sufficient. A spouse receiving this type of alimony payment needs to have a plan for becoming self-supporting. The plan might include:
- Going back to school,
- Getting an apprenticeship, or
- Interning until they have enough experience for gainful employment.
Rehabilitative alimony can last up to five years and can be modified.
Durational Alimony
Durational alimony provides financial support for spouses who were married for at least three years before divorcing. These kinds of alimony payments last for up to 75% of the marriage’s length. Payments are meant to assist spouses with limited access to resources because of their age, employability, health, or parenting responsibilities. Under certain circumstances, a spouse might receive alimony until they remarry or die.
Factors for Granting and Calculating Alimony
Florida courts consider many factors when deciding if alimony is appropriate and how much to award. Before awarding alimony, the court must find that the requesting spouse needs the support and that the paying spouse has the ability to pay. If the court decides to award alimony, it looks to the following factors to calculate the amount and duration of alimony:
- The length of the marriage,
- Each spouse’s earning capacity,
- The standard of living established during the marriage,
- Each spouse’s contributions to the marriage,
- The age and health of each spouse,
- Each spouse’s financial needs,
- The financial resources of each spouse,
- Each spouse’s parenting obligations, and
- Other relevant information.
There’s no set formula for alimony amounts, but courts seek to develop just and equitable orders between the spouses. Courts look at each case individually.
When Can I Ask for Alimony?
In many cases, an individual requests alimony when they file a petition for dissolution of marriage with the court or in their answer to their spouse’s petition. But before you can ask a Florida court to dissolve your marriage, you or your spouse has to have lived in the state for at least six months.
An individual can also receive alimony while still married if their spouse has the ability to support them but fails to do so. A spouse whose divorce is still pending can receive temporary alimony (or alimony pendente lite) to sustain them until they receive a final divorce settlement. Our skilled Pasco County alimony attorney can help you with these requests.
What Evidence Do I Need in an Alimony Case?
To successfully pursue an alimony claim, you’ll likely need to provide evidence to the court regarding your and your spouse’s financial circumstances. This evidence helps the judge understand your financial needs and your spouse’s ability to pay. If your spouse wants you to pay alimony, substantial evidence may be necessary to defeat their request or ensure that your payment obligations aren’t unfair.
You might need the following to prove your position:
- Your marriage license and correspondence or testimony regarding the duration of your marriage;
- Financial records, such as tax returns, bank statements, pay stubs, credit card statements, investment account documents, property deeds, and business valuations;
- Documentation of marriage contributions, such as statements regarding money transfers, records of homemaking and childcare, and testimony regarding career sacrifices;
- Proof of your needs, including expense reports for your monthly living expenses, healthcare records, estimates of educational or training needs for employment;
- Documentation of your standard of living, including photos and videos, travel and event receipts, and property valuations for your residence; and
- Expert testimony, such as testimony from vocational experts, financial experts, and healthcare professionals.
Gathering this evidence can be overwhelming. Our seasoned Dade City alimony lawyer can help you collect and organize all necessary documents. We can also help you effectively present your case in court or a negotiation.
Enforcing an Alimony Order
If your spouse doesn’t pay alimony as ordered, you can ask the court to enforce the order. Enforcement can involve wage garnishment or other legal relief, such as a contempt of court action. We can help ensure you receive all the alimony your spouse owes you.
Modifying or Terminating Alimony
Alimony orders can be modified or terminated if there’s a substantial change in circumstances. These changes can include:
- A significant change in the income or needs of their spouse,
- The remarriage of the receiving spouse,
- The retirement of the paying spouse, or
- The receiving spouse entering a financially supportive relationship with someone who is not their relative.
Hiring an experienced alimony attorney to assist with any modification request can be crucial to your success.
Talk to the Best Alimony Attorney in Dade City Today
You can find one of the best Dade City alimony attorneys at Newlon Law, P.A. In addition to his award-winning experience that spans decades, Jon Newlon has experience in family law, big firm, and transactional work. Jon’s multifaceted background helps him provide holistic and comprehensive solutions to each family law client he sees.
Our Dade City alimony attorney is here to help you secure the best outcome for your future. Let’s discuss your case and chart the best path forward. Contact Newlon Law, P.A., by phone or online today for a consultation. Let’s get started.