Dedicated Alimony Attorneys Serving Miami & Coral Gables Florida for the Last 10 Years
In Miami and the surrounding areas, Alimony Lawyers Miami at The Carolan Family Law Firm, P.A.
represent both men and women in marriage dissolution actions that involve alimony, which is also referred to as spousal support.
The State of Florida has recently reformed its alimony statute. Although alimony will remain an aspect of divorce law for the foreseeable future, the legislature is actively attempting to continue reforming the statute, which some consider to be burden some to the sole and/or primary breadwinner – the pay or spouse.
The recipient spouse should be well advised regarding the limitations of spousal support and the various factors that are considered by the Court, well in advance, so that they can plan accordingly.
Through mediation, spouses are free to work out alimony agreements on their own. These agreements will be reviewed by a judge and are often approved.
Notably, once the agreement is approved and ratified by the Court, a substantial change is required in order to modify the amount and length of the award, assuming the agreement and/or the type of alimony selected allows for modifications.
If the parties are unable to agree, the Court will consider the statutory factors when awarding alimony to the spouse who requests this relief.
How Alimony Works
Permanent alimony remains available in the State of Florida. Although judges will consider a range of economic factors, there are some specific points that are most commonly evaluated when making their decision.
These include:
- The length of the marriage
- The standard of living enjoyed by the couple
- The age, level of education, and health of both spouses
- The assets and financial resources of both spouses
- Various financial issues that may affect either spouse, such as child care, educational expenses, etc.
- Any and all sources of income for each spouse.
What types of alimony are available?
There are various types of alimony that the court may grant. The type of spousal support a party receives, if any at all, will be determined after weighing the specific circumstances of each case and considering the statutory factors.
Permanent alimony may be awarded in long-term marriages, or 17 years or more. In such a case, one spouse may request that alimony be ongoing until the pay or retires, throughout their lifetime or until they remarry or enter into another financial supportive relationship.
Alimony may be received from when the Petition is filed through to the date of the Final Hearing, which is referred to as temporary alimony.
In most divorces, alimony is not permanent. One spouse may require some alimony until he or she becomes financially self-sufficient and independent. The sum may be based on what is needed to rehabilitate a spouse so that they are able to meet their own needs, or a durational amount of alimony for a specific time period to bridge the gap to their new life as a single person.
Finally, some spouses will request a one-time, lump sum alimony payment. Such a payment may be made in cash and it is designed to fulfill any and all alimony requirements.
Can alimony be changed?
Under certain circumstances, some types of alimony may be modified. There must be a substantial, material, and permanent change in circumstances since the court order in order to qualify for an alimony modification. However, some types of alimony are non-modifiable regardless of the change in circumstances.
For more information on alimony, contact our Miami alimony attorneys at The Carolan Family Law Firm, P.A.. by calling (305) 358-2330.
Alimony FAQs :
- Alimony in Florida: In the News
- Battle in a Divorce: What are Your Legal Rights When Your Spouse Has All the Assets?
- Do I Need an Attorney to File for Divorce in Florida?
Divorce Process
The divorce process involves the drafting of legal documents that focus on a range of important issues and situations including assets, debts, child support, custody, and alimony. The allegations made within these documents are important in determining the future of each spouse and their dependent, minor children after the marriage has ended.
The divorce attorneys at The Carolan Family Law Firm, P.A.
understand not only the legal process in the State of Florida, but also the judicial system and the peculiarities, specifics, and necessities that are involved in ensuring that alimony is granted in a fair and justifiable manner.
Working with a Miami Alimony Attorney
If you are considering a divorce and have questions and concerns regarding alimony or any other aspect of your divorce, then contact an Alimony Lawyer Miami at The Carolan Family Law Firm, P.A. by calling (305) 358-2330.