Oviedo Alimony Attorney
Spousal support is usually the most contentious aspect of a divorce or modification proceeding. Some people, mostly obligors, believe that the law itself is little more than a financial penalty for divorce. Other people, mostly obligees, view spousal support as essential for their very survival. Both sides have valid points, which is why this area is so controversial.
At the Troum Law Firm, we believe that both obligors and obligees have legal and financial rights in this area. Furthermore, as your family law advocate, our Oviedo alimony attorneys are always on your side. We will do what it takes to uphold your rights and craft a fair resolution that respects your rights and is in your family’s best interests.
Duration of Payments
There is an informal presumption that some form of alimony is appropriate in almost all marriage dissolution proceedings. The duration of payments, however, varies significantly depending on the facts of the case. So, a strong advocate is essential. Otherwise, your voice might not be heard in this process. The major types of spousal support in Florida are:
- Temporary: Alimony pendente lite (while the case is pending) helps obligees who were blindsided by divorce pay high, unexpected costs, such as attorneys’ fees and rental deposits. Temporary alimony is available in other situations as well, but it is more difficult to obtain. This type of financial support automatically ends when the judge finalizes the divorce.
- Bridge the Gap: Florida is one of the only states where this type of extended temporary alimony is available. After the divorce, some obligees need a bit more time to get on their feet. For example, perhaps they must accept low-paying jobs to re-enter the workforce. Bridge the gap alimony is available for up to two years.
- Rehabilitative: This type of alimony is probably the most common type of spousal support in Florida. If obligees file a written rehabilitation plan and stick with it, the obligor must pay support to help with things like school tuition or job training.
- Durational: These payments cross the line from assistance payments to income redistribution payments. Under Florida law, the divorce cannot be an unfair financial burden for either party. Therefore, durational alimony, which is capped aty the length of the marriage (g. ten years of payments after a ten-year marriage), is available.
- Permanent: The most controversial form of alimony is available if the obligee has a severe disability which virtually eliminates his/her ability to be economically self-sufficient. Permanent or long-term alimony is also available if the obligee has custody of a severely disabled child.
If circumstances change, the judge can modify the duration of payments, either up or down, within the constraints of that particular type of alimony.
Amount of Payments
There is another presumption in Florida law that the amount of payments must be the absolute minimum required to meet the obligee’s financial needs. Some factors used to determine this need, as well as the obligor’s ability to pay, include:
- Relative earning capacity of each spouse,
- Length of the marriage,
- Noneconomic contributions to the relationship,
- Custody of minor children, and
- Standard of living during the marriage.
The amount of payments can also be modified if certain emotional or financial circumstances materially or substantially change.
Reach Out to a Thorough Lawyer
Several forms of alimony are available in Florida. For a free consultation with an experienced family law attorney in Oviedo, contact The Troum Law Firm, P.A. Convenient payment plans are available.