305-358-2330There are several factors which play into the decision a judge may make concerning the alimony you receive following a divorce. The state of Florida has a few types of alimony available; some are in a lump-sum while others are a group of periodic payments to the ex-spouse.
If you are facing divorce, you may find yourself asking a judge for consideration of alimony. The higher earner has to help the lower earned for a variety of qualifying reasons but mostly the state does not want to leave someone destitute as a result of a divorce. Every case is different but factors considered in the determination of alimony are:
- The length of the marriage
- The standard of living established during the marriage
- The age of each party
- The physical and emotional condition of each party
- Educational level, employability, and earning capacities of each spouse
- The contribution each person had to the other person in the marriage including child care, running the home, or focusing on the career of the other person
- Sources of income for each party in the divorce which also includes investment income
- The responsibility each party has to any minor children they are the parents of
Every court case is different but these relevant factors help dictate to the judge which way to lean in alimony proceedings. Qualified divorce attorneys are fairly adept at guessing how the judge will rule based on personal experiences with the judge as well as precedent set by the law. One common example occurs in the case of adultery. If one spouse harmed the other spouse financially as he or she funded an extramarital affair, then this may be factored into the amount of alimony awarded.
Main types of alimony for people include:
- Temporary Alimony: This is awarded when the trial is still pending. One spouse gets support during the divorce proceedings but once it has been settled, the alimony stops.
- Rehabilitative Alimony: This type of alimony is awarded for the recipient to get the funding needed to become more employable. Rehabilitative alimony must involve a plan indicating the amount of time and money needed to complete the plan. In many cases, education and training is required for employment.
- Bridge-the-Gap Alimony: This short-term alimony begins after divorce but has a maximum length of two years. As its name indicates, bridge-the-gap alimony is meant to help one party meet short-term needs like completing education or selling a home.
- Durational Alimony: This type of alimony can never be granted for a period longer than the length of your marriage. If other options don’t meet the receiver’s needs, this type may be granted.
- Permanent Alimony: The main factors in this type of alimony include the length of the marriage and the gap in each party’s individual incomes. Permanent alimony continues until the death of one party, the remarriage of the recipient, or a relationship where the recipient is financially stabilized by a person they are living with.
When you are going through a divorce, imagining the future is not always easy. Seeking the expertise of a divorce attorney helps you maintain the lifestyle you are used to when going through your divorce proceedings. You can get spousal support, or alimony, when you have the right attorney on your side.
The Law Offices of Aliette H. Carolan serve clients needing an effective Miami divorce attorney. Contact us today by phone at 305-358-2330 or online.
Related Posts :