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.
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
Depending on circumstances, the judge may order temporary (bridge-the-gap) or permanent alimony. If the receiving spouse has potential to earn a self-supporting income, rehabilitative alimony would give the spouse time to get needed education or training and find a job. Permanent alimony is generally applied when the receiving spouse is unlikely to ever match the earning potential of the paying spouse. Age, education, and physical or mental health may be factors in deciding this. Permanent alimony usually ends when either spouse dies.
The judge may order alimony to be paid in periodic payments, such as monthly or quarterly. Or he or she may order a lump sum payment. Periodic payments are more common, especially for permanent alimony. A lawyer can help ensure alimony is figured fairly and reasonably.
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.
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.
Free 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 for free. Call us at 866-995-0166 or complete our online form for a free consultation.
Need More Help Understanding Your Case?
For more information that may help you in your divorce process, look through our links below: