While many aspects of the divorce process can be emotionally and legally challenging to get through, talks over spousal support tend to be some of the most difficult. On top of that, recent changes to Florida law have dramatically changed how courts will approach alimony moving forward. It is now more difficult for people pursuing alimony payments from their former spouses to get the outcome they want from their case.
What has not changed, though, is the importance of having a dedicated family attorney on your side throughout every stage of this legal proceeding. Whether you are looking to obtain support payments or minimize the amount of support you may be obligated to pay, a Pinecrest alimony can make a big difference in how your case resolves.
What Types of Alimony Are Available in Pinecrest?
Permanent alimony is no longer available in the state of Florida. Instead, there are now four types of alimony which a court can award to one former spouse and impose upon another. A qualified Pinecrest alimony attorney can explain these new rules in more detail and act as an advocate during spousal support negotiations.
First, temporary alimony is meant to ensure that a lower-earning spouse can continue to maintain the same standard of living they had during their marriage while divorce proceedings are ongoing. This alimony typically ends once their divorce is finalized. Somewhat similarly, “bridge-the-gap” alimony is meant to help a newly divorced person transition from married life to single life. It can be awarded to cover specified short-term needs for a maximum of two years after their divorce is finalized.
Rehabilitative alimony is meant to allow a newly divorced person to obtain education or job training necessary to support themselves and it can last up to a maximum of five years.
Finally, durational alimony requires payments to be made for a pre-determined period of time. The payment will max out at 50 percent of the marriage’s length for “short-term” marriages that lasted under 10 years, 60 percent for “moderate-term” marriages between 10 and 20 years long, and 75 percent for “long-term” marriages which lasted more than 20 years.
Factors Impacting the Terms of a Spousal Support Order
Individuals seeking spousal support in Pinecrest have the burden of proving to a court that they have a legitimate need for support and that their former spouse has the financial ability to provide that support. If this burden of proof is met, the court may then consider the following factors when deciding the type and amount of alimony to order:
- The couple’s standard of living during their marriage and what needs they will likely have after separating;
- How long their marriage lasted;
- Each party’s physical and psychological condition, as well as their age;
- Each party’s income, resources, and assets;
- Each party’s future earning capacity;
- Any contributions either party made to the other’s career or education during their marriage, including household services and childcare;
- What custody rights and responsibilities each party has over children produced by their marriage, if any;
- Any other relevant factor necessary to ensure a fair and equitable arrangement.
An alimony lawyer in Pinecrest can help build a case emphasizing certain factors over others and ensuring the court has a full understanding of a person’s position.
Consider Working with a Pinecrest Alimony Attorney Today
Even if you and your spouse both agree on what financial obligations each of you should have after your divorce, it is not always simple getting a court to formalize that agreement into a legally enforceable order. If there is any disagreement between the two of you on this topic, the quality of legal counsel you have on your side can be the deciding factor in which party gets their preferred court order.