Helping Your Settle Your Alimony Matters in Duval County
The dissolution of a marriage can wreak havoc on the personal finances of the parties involved. Even if the divorce is amicable, that doesn't mean both spouses are prepared to meet the monetary challenges that come with a new life.
In situations where one spouse has become dependent on the other during the marriage, he or she may be entitled to spousal support. At Owenby Law, our Jacksonville alimony lawyers represent clients seeking alimony as part of their divorce settlement and those being asked to pay.
While the Florida courts do not always award spousal support, they maintain a gender-neutral approach. There are several types of alimony that are often granted to financially dependent spouses. Either spouse may be required to pay alimony. If you believe that you are entitled to spousal support, we can help you pursue your claim.
If you or your spouse is in the military, the circumstances may be different than what is mentioned below. However, the attorneys at Owenby Law, P.A. have experience handling cases involving military divorce as well.
Call Owenby Law, P.A. today at (904) 770-3141 or contact us online to schedule a meeting with our alimony attorney in Jacksonville!
What is Alimony?
Alimony is financial support that one spouse may be required to provide to the other during and after a divorce. It is designed to mitigate the economic impact of divorce on lower-income or non-working spouses, helping them achieve a level of financial stability post-divorce. The court considers various factors to determine the amount and duration of alimony, including the length of the marriage, the standard of living during the marriage, and the financial circumstances of both parties.
Types of Alimony in Florida
Florida law recognizes several types of alimony, each serving a different purpose. Understanding these can help determine which type may be applicable in your case:
Rehabilitative alimony – The purpose of rehabilitative spousal support is to give a dependent spouse the resources necessary to develop skills and training that will make him or her financially independent. This could be by returning to college or vocational school or obtaining a license. This is usually accompanied by a plan for the recipient to achieve financial independence.
Bridge-the-gap alimony – This type of spousal support provides the recipient with immediate funds to acclimate to his or her new life after divorce. Bridge-the-gap alimony can either be awarded on a temporary basis, as to allow the dependent spouse to do things like secure an apartment or a car, or it can be paid in one lump sum. However, the duration cannot exceed two years.
Durational alimony – Durational alimony is temporary spousal support that does not fall into the category of either rehabilitative or bridge-the-gap alimony. The court may choose to award durational alimony if other types of support are insufficient to meet the dependent spouse’s needs. Because it is temporary, the maximum duration cannot exceed the actual length of the marriage.
Who Gets Alimony in a Divorce?
In Florida, family law judges evaluate various factors when deciding on alimony as part of a divorce settlement. The aim is to balance the financial needs and contributions of the bot. Key considerations include:
Standard of Living: The court strives to maintain a similar standard of living for the spouse receiving alimony, reflecting the lifestyle established during the marriage.
Duration of the Marriage: Longer marriages often result in alimony awards, with different types of alimony potentially applied based on the length and circumstances of the marriage.
Financial Resources: The court assesses both spouses' income, assets, and earning capacity. This evaluation helps determine how to address any financial disparities between them.
Contributions to the Marriage: Contributions include financial support, homemaking, child care, and support for the other spouse’s career or education. Both direct and indirect contributions are recognized in alimony decisions.
Age and Health: The physical, emotional, and mental health of each spouse are considered, mainly if one spouse’s condition affects their ability to become self-supporting.
Earning Capacity and Education: The court reviews each spouse’s educational background and employment history, evaluating whether the recipient spouse needs additional education or training to achieve financial independence.
Marriage Length and Age: The length of the marriage and each spouse's age are assessed to understand the long-term impact of the marriage on each spouse’s financial stability.
Responsibilities for Minor Children: The court considers each spouse’s responsibilities for any minor children, as these responsibilities can influence their ability to work and support themselves.
Tax Consequences: Potential tax implications of alimony payments are also considered, as these can affect the financial situations of both parties.
Time for Additional Education: If the recipient spouse requires time to secure additional education or training to become self-supporting, the court will factor this need into its decision.
These considerations help the court determine the appropriate alimony type, amount, and duration to ensure a fair outcome that supports both parties’ financial well-being.
Understanding the Alimony Modification Process
Life circumstances can change, and so can your financial situation or the needs of your family. At Owenby Law, P.A., we recognize that alimony agreements are not set in stone. If you find yourself in a position where your current alimony arrangement no longer meets your needs or is unfair, you may be eligible to seek a modification.
Here’s what you need to know about modifying alimony:
Eligibility for Modification: Changes in income, job loss, remarriage, or significant changes in the recipient's needs can be valid grounds for modification.
Legal Process: Modifying alimony requires filing a petition in court. Our experienced attorneys can guide you through this process, ensuring that all necessary documentation is prepared and submitted correctly.
Negotiation and Mediation: In many cases, we can work with the other party to negotiate a fair modification without the need for a lengthy court battle.
Protecting Your Interests: Whether you are seeking to increase or decrease your alimony payments, having knowledgeable legal representation is crucial to protect your rights and interests.
At Owenby Law, P.A., we are committed to helping you navigate the complexities of alimony modifications. Contact us today to discuss your situation and explore your options for achieving a fair and equitable resolution.
Debunking Common Alimony Myths
Alimony is awarded on a case-by-case basis and takes into account many factors, including the length of the marriage, the parties' education, educational sacrifices, and the parties' age/employability.
There are some common misconceptions regarding alimony, however, including the following:
Men always pay alimony. While often in the past, the husband has been the party required to pay alimony, this is not always the case anymore, as more and more women become the primary breadwinners. The purpose of alimony is to assist one party in transitioning from married to single life or to allow one party to continue to sustain themselves after the marriage has ended.
Alimony is awarded in every case. A common misconception regarding alimony is that it is often awarded when this is not the case. It is more common to have both parties working to support the household, rather than one party working while the other party cares for the home.
Alimony lasts forever. Permanent alimony in Florida has been eliminated. Bridge-the-gap alimony, for instance, is awarded to help one party transition from married life to single life, and rehabilitative alimony is awarded to aid one party in retraining or rehabilitating his or herself to reenter the job market.
Alimony cannot be changed. Alimony is modifiable unless it is specifically labeled as non-modifiable in the divorce. An unanticipated, involuntary change in circumstances, such as the paying party being laid off or the recipient obtaining an increase in income, may result in a modification of alimony.
A new spouse's income will count toward the payor's income. A new spouse's income DOES NOT count toward the alimony obligation of a payor. When a party files to modify alimony, he or she must provide a financial affidavit which includes his or her income and expenses only and does not provide for including the income of a new spouse after remarriage.
Contact Our Jacksonville Alimony Attorney Today
Whether you are seeking alimony from a soon-to-be ex-spouse or trying to protect your assets during a contentious divorce, the key is obtaining competent legal representation from an alimony attorney in Jacksonville.
Our attorneys at Owenby Law, P.A. can represent you on either side of an alimony dispute, so please do not hesitate to contact our firm today. We can help you explore your financial options during a free initial consultation.
