If you are going through a divorce in Florida, you should be aware of how spousal support will work. Our Hialeah alimony lawyer breaks it down for you.
In Florida, the terms “alimony” and “spousal support” are used interchangeably, and refer to payments made from one spouse to the other during divorce proceedings and after the divorce is final. If you are going through a divorce and think you may need spousal support or you may be required to give your former spouse financial support, our Hialeah alimony lawyer explains how it will work.
How Is Spousal Support Determined?
First, be aware that spousal support may not be awarded in every divorce. The main reason for spousal support is so that the non-breadwinning spouse can maintain the standard of living they had during the marriage. If both parties have a relatively equal income, the court may find that there is no need for spousal support after the dissolution of the marriage.
While there is no mathematical calculation for spousal support in Florida (like there is for child support), the courts take several factors into consideration when determining a spousal support order. These include:
- Duration of the marriage
- Standard of living during the marriage
- Age of each party
- Physical and emotional condition of each party
- Financial resources of each party
- Contribution of each party to the marriage
- Earning capabilities, education, vocational training, and employability of each party
- Responsibilities regarding minor children
- And others
Once these factors have been considered, the courts look at the need of the payee spouse and the ability of the paying spouse to pay.
What Is The Length Of Spousal Support?
The length of time that spousal support is to be paid is usually temporary at the discretion of the court. It can end when the divorce is final, when the minor children no longer need home care, when the payee spouse remarries, or any other time as determined by the judge presiding over the case.
In general, the longer the duration of the marriage, the longer the spousal support may last. If the marriage was seven years or less, spousal support will almost always be temporary. In a marriage of 17 years or more, there is a greater chance of receiving a settlement including permanent spousal support. Your Hialeah alimony lawyer can help negotiate this settlement to get you the best outcome for your unique situation.
What Are The Different Types Of Spousal Support In Florida?
There are several different types of spousal support that can be part of your divorce agreement, all of which are determined by the court.
Permanent – Lasts until the remarriage of the payee spouse or death of either spouse.
Rehabilitative – Temporary support while the payee spouse furthers their education or other skills to make them more employable, and therefore no longer in need of spousal support.
Bridge-The-Gap – Temporary support to help a spouse transition from married life to single life, includes measurable short-term goals, does not exceed two years.
Lump-Sum – One-time amount or installment payments paid if the courts determine that permanent spousal support is warranted and there are special circumstances such as the declining health of the paying spouse.
Durational – Short-term spousal support typically awarded in the case of a shorter marriage.
Nominal – Awarded when the courts determine that spousal support is warranted but the paying spouse is unable to pay; settlement may be adjusted in the future when the paying spouse has the ability to pay.
Our Hialeah Alimony Lawyer Can Help
When you have questions about how spousal support will work in your individual situation, contact Casais & Prias to set up a free consultation. Our family attorneys will do everything they can to pursue the spousal support settlement that you are entitled to. We look forward to working with you.