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Orlando Alimony Lawyer

When a couple gets divorced, one spouse could be left at a severe financial disadvantage unless the issue of alimony is properly addressed. Historically, it was the stay-at-home mom who was forced to deal with such challenges after divorce, but, in today’s world, either spouse could be similarly affected by the rupture of marital income and assets. Alimony can work to mitigate the effects of divorce on each spouse, to the benefit of everyone. At the Arwani Law Firm we are experienced in alimony matters during the divorce process and thereafter. With our comprehensive representation and experienced Orlando alimony lawyers, you can be sure your financial needs and concerns will be properly addressed.

How Alimony is Determined in Florida

Florida law provides for four types of alimony—bridge-the-gap, rehabilitative, durational, and permanent—which may be awarded to either party during divorce proceedings. The payments may be periodic, in lump sum, or both. Before awarding alimony, however, a court must first determine as a matter of fact whether either party has a need for alimony and whether either party is able to pay alimony. If the court finds one party has a need for alimony and the other party can pay, then in deciding the proper type and amount of alimony, the court must consider the following factors:

  • 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 nonmarital 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 enable him or her to find appropriate employment
  • The contribution of each party to the marriage, including but not limited to services rendered in homemaking, child care, education, and career building of the other party
  • The responsibilities each party will have regarding 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 income available to either party through investments of any asset held by that party
  • Any other factor necessary to do equity and justice between the parties

The last point means Florida courts have great discrepancy when awarding alimony. For example, in Florida (unlike many states), a court may consider adultery of either spouse and the circumstances of the betrayal in determining the amount of alimony, if any, to be awarded. For this reason, it’s critical to have sound legal advice and guidance when addressing alimony-related issues from our Orlando alimony lawyers.

Florida Alimony Video FAQs

After a divorce or separation, can a Florida court order alimony payments?

After separation, yes. After divorce, it depends. Now if the court reserved jurisdiction on that specific issue in your divorce proceeding, then you can go back and modify it. If the court ordered you alimony, even minimal alimony for a short period of time, you can go back and modify it. But if it was denied, your request was denied for alimony, then you cannot go back and request to modify that alimony.

Can alimony be modified or terminated in Florida?

Yes, alimony can be modified or terminated in Florida. The first thing you need to look at is the jurisdiction of the court to make such a determination at that point. If you were awarded alimony, then the court can modify it. If you were denied alimony, then the court at that point cannot modify it, because the court lost jurisdiction of that specific issue.

If you settle with your spouse on alimony, on the duration and the amount being paid, you can go back and modify it, or agree with your ex-spouse on what the new terms are. However, if there’s a clause in the settlement agreement that states that this alimony is non-modifiable, it’s going to be hard to modify that alimony.

Can I renegotiate the length of time I receive alimony in Florida?

Yes, definitely. You can renegotiate the terms of your settlement agreement at any point. You and your spouse or ex-spouse can go back and renegotiate the terms of your settlement agreement and that does include the length of time you receive that alimony for.

Can men seek alimony in Florida?

Yes, definitely. A husband can definitely request from the court or try to settle with his wife on alimony payments. Now, they have to prove their need for that alimony payment and the ability of the wife to make that payment.

How do I know if I qualify for alimony?

Alimony is a very complex legal issue. Talking to an attorney is advisable.

Now, to figure out if you qualify for alimony, you’re going to have to find out if you have actual need. Once you figure that out, you have to find out if your spouse has the ability to pay that alimony payment to you.

There are factors that courts take into consideration if parties can’t settle on alimony issues. Some of these factors include your health, your spouse’s health, your income, your spouse’s income, and the lifestyle you and your spouse enjoyed during the marriage.

How does alimony affect the calculation of child support in Florida?

Alimony will be reduced by the amount that the payor spouse is making to the receiving spouse. Now once that is calculated into the child support calculations, the income for the payor spouse is going to go down. Now the income for the receiving spouse is going to go up. That means that the payor spouse is going to pay less in child support and the receiving spouse’s income is going to be increased, which means they’re going to be receiving less child support from the payor.

What is alimony?

Alimony is the legal obligation of one spouse to financially support the other spouse, either during the marriage or after the divorce is finalized.

Who gets alimony in Florida and why?

A spouse that gets alimony in Florida number one, has to prove their need. After proving their need, they have to prove the ability of the payer spouse to make that payment. Now, alimony is a very complex legal issue. It’s advisable that you talk to an attorney about it, because the duration of your marriage plays a significant role in that determination.

If you have concerns about alimony, please contact our experienced Orlando alimony lawyers.

Our Orlando alimony lawyers have helped many clients—men and women—set alimony awards that meet their needs, and we can help you as well. If you are considering divorce and you may be entitled to receive or ordered to pay alimony, or you expect alimony to be a point of contention in your divorce, please contact our office to schedule a confidential consultation.

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At the Arwani Law Firm, our Orlando divorce lawyers will work together to get you the best possible outcome in your case, while treating you with the utmost respect and compassion. When you meet with us, you’ll see we love what we do, and you’ll feel that enthusiasm as we work through your legal matter.

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