Melbourne, FL Spousal Support Attorneys Litigate Alimony Disputes
Helping clients achieve fair orders and just modifications
Alimony, or spousal support, is payment from the primary earner to a dependent spouse to prevent the former from becoming unjustly enriched through divorce and the latter from being unduly deprived. In Florida, the court may award alimony to either the husband or the wife. Whether to grant alimony, and in what amount, is largely up to the discretion of the court. Tucker Mitnik, P.A. can help the court understand your position.
What types of alimony are available in Florida?
Florida courts may consider these types of spousal support in a divorce action:
- Rehabilitative — Time-limited alimony meant to assist a dependent spouse with becoming self-sufficient. This may include amounts necessary for living expenses and tuition as a spouse completes a degree program or job training.
- Permanent — An award meant to maintain a spouse at or near the previous standard of living for a lifetime. The trend is to restrict awards of permanent alimony to older spouses who never had a career or have been out of the workforce for a long time. Permanent alimony lasts until either spouse dies or the recipient spouse remarries.
- Durational — Time-limited, like rehabilitative alimony, but designed to maintain a spouse who is already capable of earning for a period the court feels is sufficient to make the transition.
- Bridge-the-gap — Short-term or lump sum alimony that the formerly dependent spouse can use to purchase a car and other necessary items and to find a place to live.
What factors does a Florida court consider when deciding whether to award alimony?
The Florida alimony statute sets forth certain factors for the court to use when deciding the issue of spousal support:
- 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, including the non-marital and marital assets and liabilities distributed to each
- The earning capacities, educational levels, vocational skills and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to find appropriate employment
- The contribution of each party to the marriage, including homemaking and childcare responsibilities, and contributions to the education and career-building of the other party
- The responsibilities the parties will have with regard to any minor children they have in common
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment
- All sources of income available to either party, including money from investments
- Any other factor necessary to make a fair determination
Though not mentioned as a factor in the legislation, a spouse’s culpable behavior leading to the failure of the marriage may impact marital property rights and alimony awards. Your divorce attorney can advise you on the pros and cons of alleging cruelty, abandonment or adultery in a hearing for alimony.
Contact Tucker Mitnik, P.A. for advice on alimony in Melbourne, FL
Tucker Mitnik, P.A. understands how a court’s decision regarding alimony can affect your future. For determined representation from quality divorce litigators, contact us today. Call 321.392.5239 or contact our Melbourne office online to schedule a consultation.