Recent Posts in Alimony/Spousal Support Category

After alimony has been awarded to a dependant spouse, the independent spouse will be responsible for making scheduled payments.  Depending on the court's orders, independent spouses may have to make monthly spousal support payments or periodic installment payments. 

In some states, people may also pay their alimony with one lump sum.  However, most spouses find it easier to make payments as income is earned, making lump sum alimony payments very rare.  Additionally, if independent spouses make their payment with one lump sum, the recipient may face tax consequences as spousal support is reported as income on tax returns.

Do you have additional questions about alimony or how this form of support is paid in Florida?  If so, your best option is to speak with a Jacksonville family lawyer that has experience handling alimony cases, like Ellerin & Hutchinson.  Contact our law office today to set up your initial consultation so we can answer your alimony questions.

Recent changes have been made to Florida's alimony laws that went into effect for pending cases and divorces filed after July 1, 2010. Courts will now determine whether one party actually needs alimony and whether the other party is able to pay it. The court will now also be responsible for determining the type and amount of alimony that is appropriate.

The definitions of short term, moderate term, and long term marriages have been re-defined to less than 7, between 7 and 17, and over 17 years, respectively. The length of the marriage is measured from the marriage date to the day that the dissolution petition is filed. Bridge-the-gap alimony and rehabilitative alimony are now in the statute. The former may not be modified, but the latter may.

Durational alimony has been added to Florida law. When permanent alimony is not appropriate, durational alimony can be awarded, and it can be modified but the length of the alimony cannot exceed the length of the marriage. Another change is that permanent alimony is codified and awarded based on the standard of living during the marriage. It can be awarded in any length term marriage, but requires exceptional factors to be granted in a short term marriage.

For further information about Florida's alimony laws, speak with a Jacksonville family lawyer today by contacting Ellerin & Hutchinson.

There are several types of  alimony a judge can order during a divorce:

• Temporary Alimony is paid while the divorce is still pending.

• Permanent Alimony is paid indefinitely, unless one of the parties dies or the spouse receiving support remarries. This type of alimony is common when the parties were married for a long time.

• Rehabilitative Alimony is paid while one of the parties acquires new job skills, education or obtains employment. Once the spouse has gotten a job or becomes financially self-sufficient, the payments usually stop.

• Lump Sum Alimony is paid just once.  Lump sum alimony is common in highly contentious divorce cases or if one of the spouses has a terminal illness.

• Bridge-the-Gap Alimony is designed to help one of the spouses until they are able to get back on their feet and financially support themselves.  This type of alimony is usually paid for two years.

How Alimony is Determined

Judges do not have a specific formula for determining alimony.  Instead, they take a number of factors into consideration, including, but not limited to:

• The duration of the marriage
• The standard of living the couple shared during the marriage
• Each spouse’s current level of income
• If one spouse stayed home to raise children
• If one spouse worked while the other pursued higher education or a professional license
• If child support is also being paid

No situation is ever permanent.  Families expand, ex-spouses get remarried, jobs are lost and gained, incomes increase and decrease, and the cost of life fluctuates.  Sometimes a change in circumstances affects one’s ability to comply with a previous court order.  Fortunately, judges understand that life changes and with that people's situations change.  

Under Florida family law, you can ask the judge to change or modify a court order if you can prove a significant change in circumstances warrants the modification.  For example, if you were ordered to pay child support or alimony, but you have recently been laid off from your job or have become injured and are no longer able to work, you can ask the judge to lower the amount of support you are required to pay. Similarly, if you are the one receiving child support or alimony, and you would like to ask the judge for more money, you will need to prove why you deserve to get more support.

Time-sharing   and parenting plans can also be modified after a divorce has been settled.  The court understands that situations change, and is open to modifying a time sharing or parenting plan as long as you can prove it is necessary and that it does not compromise the best interest of the child.  Like all child-related family law issues, the judge’s main concern is to ensure that any changes or modifications you seek will not have a negative impact on the child.

There is no specific formula that is used to determine alimony. If the parties can reach an alimony arrangement on their own, the court will most likely agree to uphold the arrangement.  However, when the courts get involved, there are several factors that will be taken into consideration when determining alimony, such as:

• The duration of the marriage
• Each spouse’s financial contributions to the marriage
• Each spouse’s non-economic contributions to the marriage
• Each spouse’s current income and financial resources
• Whether one of the spouses stayed home to raise children
• Whether one of the spouses worked while the other pursued higher education, a technical degree, or a trade skill
• The standard of living the couple shared during their marriage
• How property was divided
• Each spouse’s age and health

Contact a Jacksonville Spousal Support Attorney

If you are considering filing for divorce in Jacksonville, it is important to hire an experienced attorney to represent you throughout the divorce process and make sure your rights and best interests are protected at all times. Whether you are seeking alimony, or your ex-wife or husband is seeking alimony from you, you can trust Jacksonville divorce lawyer Scott Ellerin to uphold your rights under Florida family law, and help to resolve your case in a way that protects your financial interests.

To schedule a consultation with Mr. Ellerin, please fill out an online case evaluation or click here to  contact the office today!

Enforcements are commonly sought for child custody orders, visitation orders, child support orders, and spousal support orders.  Each party named in the order is accountable for complying with their responsibilities outlined in the order.  When one of the parties fails to fulfill their responsibilities, the other party can seek an enforcement of the order.