Alimony

Alimony

During a marriage, one spouse’s income may be sufficient to cover the needs of both spouses. While this is acceptable when the marriage is intact, once there is a break in the relationship, it is common for this arrangement to be disrupted. For example, the spouse who traditionally provided financial support may find it undesirable to continue supporting their soon-to-be ex.

 

The law is designed to consider both spouses’ financial positions when determining the amount of alimony a party is entitled to receive or required to pay. Establishing a proper claim for alimony or defending against an unreasonable request for alimony requires a careful review of many factors and oftentimes leads to a lot of litigation. While the lifestyle established during the marriage is one factor that the court will consider in determining the amount of alimony at issue, the standard in Florida for alimony is based on a “need” vs. “ability” analysis. Therefore, having an attorney that is experienced in the issue of alimony is invaluable to ensure that you set the proper expectations in your case.

 

Our experience will guide you to help you make informed decisions regarding alimony so those decisions are not made from an emotional vantage point. By analyzing your case from a logical, cost-effective perspective, we can ensure that you achieve your goals without engaging in unnecessary litigation.

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Florida Statute §61.08(1)

In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in a lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.

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