Alimony
Reaching a Fair Alimony Settlement in Florida Divorce Law
Unlike child support, there are no hard, fast mathematical calculations or formulas for alimony or spousal support. At Anne E. Raduns, P.A., we have represented the best interests of both husbands and wives in this challenging and sometimes contentious area of divorce law.
In some cases there is a presumption for alimony and in some cases there is a presumption against alimony. However, most situations fall into a gray area where judges can use their own discretion (or the two parties can reach an agreement) when deciding whether to order alimony and how much to award.
If you are facing divorce and have concerns about alimony or spousal support, call 352-840-9660 to schedule a free initial consultation with attorney Anne E. Raduns at her law office in Ocala, Florida.
Will My Divorce Settlement Include Alimony Payments?
In Florida, alimony or spousal support is determined by the needs of one spouse and the earning capacity and ability to pay of the other spouse. There are a number of factors that a court will consider in determining a proper alimony or maintenance award, including:
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of each party
- The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each
- The time needed for either party to acquire education or training for appropriate employment
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party
- All sources of income available to either party
Types of Alimony or Spousal Maintenance?
There are several different types of alimony or spousal maintenance awards. They can be temporary, short term or "bridge the gap" alimony, i.e., the judge orders alimony for a finite period of time (such as 3 years), or rehabilitative alimony, (to allow a spouse to finish an education) or permanent.
- Permanent Periodic Alimony: The two main factors that the court will consider when determining whether to award a spouse permanent periodic alimony are: 1) duration of the marriage; and 2) whether there is a disparity between the spouse's incomes.
- Lump Sum Alimony: This is exactly what it sounds like - alimony paid in a lump sum of money to the other.
- Rehabilitative Alimony: The purpose of rehabilitative alimony is to provide a spouse with the opportunity to become self-supporting by getting the necessary education and skills needed. This can include vocational school, college, and otherwise.
- Bridge the Gap Alimony: Alimony that is designed and intended to assist a person to transition from being married to single. A spouse might need some time to get a job or money for expenses of moving out and getting an apartment, and/or furniture. Usually bridge the gap alimony is usually for a short term (not more than a couple of years).
Terminating or Changing Alimony Payments
Factors for terminating alimony or spousal support can include remarriage, being involved in a supportive relationship with another person, or other factors affecting the dependent spouse's ability to support his or herself. A skilled lawyer can help you terminate or modify your support payment.
At Anne E. Raduns, P.A., we provide the skilled, compassionate and aggressive representation our clients need. For a free initial consultation, call us at 352-840-9660 or contact our offices online.