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Florida Alimony Attorney

You can avoid paying too much alimony or spousal support. Our attorneys have proven track records of protecting their clients in divorce cases in the counties of Lee, Collier and Charlotte. We know how to overcome the complicated process that can accompany the alimony process in Florida's court system.

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Alimony is intended to allow a couple to divorce on equal footing. It is not intended to be punishment for one spouse. The basic premise is that the spouse earning more pays alimony to the spouse earning less. But there are many detailed factors involved and we can help you sort through those details and complications.

How Florida Courts Figure Alimony

Alimony is figured by comparing each spouse’s gross income and the cost of maintaining a lifestyle similar to that which the couple enjoyed while married. The goal is for each spouse to have equal potential for continuing to live the lifestyle they are accustomed to. Future earning potential may be considered. Distribution of marital property may also impact alimony, (i.e. the spouse with the house may have a financial advantage). If one spouse engaged in immoral behavior, such as adultery or abuse, that may also impact alimony calculations.

Types of Alimony

As of July 2023, there are four types of alimony available in Florida:

  1. Temporary Alimony: This type of alimony may be granted to a spouse during the divorce proceedings. It is intended to provide financial support during the legal process and ends once the divorce is finalized.

  2. Bridge-the-Gap Alimony: This is short-term alimony that assists a spouse with legitimate, identifiable short-term needs as they transition from being married to being single. It cannot exceed two years.

  3. Rehabilitative Alimony: This type of alimony is granted to a spouse who needs financial assistance while acquiring education or training to become self-supporting. The spouse seeking this type of alimony must submit a detailed plan outlining the time and money required to complete their education or training.

  4. Durational Alimony: This type of alimony is awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a spouse with economic assistance for a set period following a marriage of short or moderate duration.

Please note that the court considers various factors when determining the type and amount of alimony to be awarded, such as the standard of living during the marriage, the duration of the marriage, and the financial resources of each party.

 

Income Deduction Orders

It is not uncommon for the judge to file an Income Deduction Order to ensure alimony is paid. An Income Deduction Order requires the employer of the paying spouse to deduct alimony payments from the spouse’s paycheck. The deducted payments are sent either directly to the receiving spouse or to a depository agency which sends a check to the receiving spouse. A depository agency ensures alimony payments are tracked accurately.

Additional Requirements

Sometimes judges will require the alimony-paying spouse to maintain life insurance or other security, with the receiving spouse named as the beneficiary. This ensures alimony payments continue if the paying spouse dies or loses their income.

Consultation With Our Florida Alimony Attorneys

If you want to discuss your divorce and alimony, and live in one of these counties: Lee, Collier or Charlotte, lawyer we are happy to talk with you. Call us at 866-995-0166 or complete our online form for a consultation.

Need More Help Understanding Your Case?

For more information that may help you in your divorce process, look through our links below: