When you go through a divorce, you may be entitled to receive alimony. But how does it work? Our Miami alimony attorney explains.
The most important thing to remember about alimony is that it must be awarded as part of the divorce settlement. Once a divorce is final, you cannot go to court and ask for alimony to be awarded or added. Therefore, it is best to consult with a Miami alimony lawyer at Casais & Prias before your divorce is finalized so that you are awarded everything you are entitled to.
If you think you will struggle financially after getting a divorce, you may be awarded alimony. However, there is no alimony calculator that will give you a solid figure like there is for child support. In Florida, the court decides:
- If you are entitled to alimony
- How much alimony you will receive
- How long you will receive alimony
- What type of alimony you will receive
Who Receives Alimony?
The reason alimony is awarded to the non-breadwinning spouse is so that the lesser-earning spouse will not have to depend on state-funded programs like welfare or food stamps. In the court’s eyes, both spouses enjoyed a certain standard of living during the marriage and they both should continue to enjoy that same standard of living after divorce.
Several factors are taken into consideration when determining if alimony will be awarded:
- Duration of the marriage
- Standard of living during the marriage
- Age of each spouse
- Physical and emotional condition of each spouse
- Financial resources of each spouse
- Earning capacity, education, skills, and employability of each spouse
- Contributions made during the marriage such as homemaking, child care, and career-building of the other spouse
- Responsibilities as to minor children during the marriage
- Sources of income available to both spouses
- And other factors
How Is Alimony Calculated In Florida?
The two main factors used to determine how much alimony will be awarded are the need of the spouse to receive the alimony and the ability of the paying spouse to pay. Our Miami alimony attorney can help you calculate how much you should ask for in your divorce settlement.
What Are The Different Types Of Alimony?
These types of alimony are dependent on the situation and can be modified when circumstances change unless otherwise noted.
- Permanent alimony lasts until the remarriage or death of either party.
- Rehabilitative alimony is temporary and lasts until the payee spouse establishes the capacity for self-support.
- Bridge-The-Gap alimony is awarded for a short duration from married life to single life, as the payee needs help with short-term financial needs. This type of alimony may not exceed two years and it is not able to be modified.
- Lump Sum alimony is paid at one time or in installments. This type of alimony is typically awarded if the paying spouse is in poor health.
- Durational alimony is a new category and is awarded when the marriage was of short or moderate duration.
- Nominal alimony may be awarded when the paying spouse is unable to pay at the time of the divorce but the court can later modify the amount if circumstances change.
Can You Avoid Alimony?
It is possible to avoid an alimony obligation in Florida by both parties coming to an agreement. This agreement can take place before marriage (prenuptial agreement), or after you are married (postnuptial agreement). If both parties agree that no alimony is required, none will be awarded. Another way to avoid an alimony obligation is if there is no need by either spouse.
As you can see, many factors are considered when calculating the amount of alimony and the type of alimony that can be awarded. If you need assistance with your divorce or alimony settlement or you just have questions, our Miami alimony attorney is here to help. Contact us today to schedule your free case evaluation.