Alimony and Spousal Support Law in Florida
Alimony/ spousal support is often one of the most contentious aspects of any divorce process. Many people who are getting divorced do not agree about how much spousal support should be awarded as a result of a divorce. Of course, the person who is receiving the support typically believes that they should be awarded this support, and they might wish to ask for the maximum amount of support to be awarded to them. This is typically in direct opposition to the desires of the spouse who is going to have to provide the support.
Disputes about the alimony or spousal support process are expected to be part of the divorce process. The St. Petersburg family law lawyers at Lopez Law can help you to get the support that you are due or to argue against providing spousal support that is not owed to a former spouse. We have the years of experience that you need access to when it comes to questions of spousal support related to your divorce.
What is Alimony/Spousal Support?
The most common instances where alimony comes into play during a divorce are relationships where one party is the breadwinner and the other stays at home and cares for the house and any children that might be shared by the couple in question.
Single-income households are increasingly less common these days. However, there are still sometimes inequities in relationships, and children as well as former spouses could be negatively affected by a sudden significant reduction of household income related to a divorce. In other circumstances, sometimes, one of the spouses involved in a divorce is unable to work due to physical or mental limitations as well.
When spouses have stayed home to take care of the house or shared children resulting from a relationship, they might not have the work history or the depth of experience necessary to support themselves or their children alone. This is why alimony or spousal support continues to be offered to spouses who are involved in the divorce process.
In the state of Florida, the term alimony is not used. Spousal support is the accepted term for this kind of monetary award resulting from a divorce.
Types of Spousal Support
In the state of Florida, there are five different kinds of spousal support that can be awarded during a divorce. Couples are allowed to determine a spousal support arrangement that they mutually agree upon. However, this is not common because many spouses do not agree about the involvement of spousal support in the divorce process in the first place.
The Florida court system is always eager to keep in mind that there are two spouses involved in a marriage and that each of them deserves to come out of a divorce with what they need to succeed. The standard of living of each party involved in a divorce needs to be preserved after a divorce unless this is just not possible to arrange. It is still felt by the Florida court system that the spouse with the higher standard of living has a duty to help ensure that the other spouse is able to continue to live with a similar standard of living after the divorce.
Temporary Support
During the divorce process, temporary spousal support is usually awarded to the spouse who makes less money. This helps to get them through the divorce process without them falling onto hard times financially. Since there is often a dispute over the family home and other shared property during the divorce, temporary spousal support helps this spouse to be able to afford to have somewhere to live as well. When the divorce is finalized, temporary spousal support ends.
Bridge-the Gap Support
Bridge-the-gap support is offered in the state of Florida. This type of support is not utilized in many other states. This spousal support is meant to “bridge the gap” between married life and divorced life. This type of support lasts for a maximum period of two years. This kind of support is usually only used when the family home is being sold or if the spouse is seeking full-time employment. If the spouse receiving support remarries, the spousal support will end.
In other cases, this kind of support will be ended when the person receiving it moves in with someone new who will help provide them support for their financial needs.
Rehabilitative Support
The party who is being offered this kind of spousal support has to be able to show proof that they will be following a rehabilitative plan for the support to be awarded. The plan will need to estimate how long the support is needed, what the goal of the support period will be, and what the plans of the spouse seeking time to get on their feet are with regard to schooling, job hunting, or other ways of seeking financial support.
There is no specific limitation on the time period related to this kind of support. The plan that is submitted by the spouse seeking to be awarded rehabilitative support will govern the expected duration of the support plan.
Durational Support
This is a newer category of spousal support that is part of the spousal support reality in Florida. This kind of support has a time period associated with it which can be reviewed and renewed by the court at any time. However, the period of this kind of support cannot exceed the length of the duration of the marriage.
An example of a situation that might lead to durational spousal support being awarded is the case where a divorcing couple has children in the home who are under 18 years of age. This could prevent the spouse who is caring for the children from being able to return to work full-time. Until the spouse caring for the children can return to work full-time, this support will be awarded to them to help care for the children and to help maintain a standard of living that the family is accustomed to.
Permanent Spousal Support
Permanent spousal support is rarely awarded in the state of Florida. To qualify for support of this kind, the marriage must have lasted for at least 17 years. There are exceptions to this requirement, such as disability of the spouse or the needs of a disabled child. The spouse who is seeking support will also need to demonstrate that they cannot support themselves.
In the state of Florida, there is a rebuttable presumption that permanent spousal support should not be awarded in the case of marriages that have lasted for less than seven years. When the marriage has lasted for a long time, it is assumed that the spouse who is not able to support themselves will not be able to find gainful employment to be able to maintain the standard of living they are losing access to as a result of the divorce.
This bill has been the source of controversy, and there have been movements to eliminate it. However, at this time, permanent spousal support can still be awarded in the appropriate cases.
Does Spousal Support Have to be Awarded in Divorces in Florida?
Since it is far more common for spouses to be able to support themselves after a divorce, often the only consideration that needs to be met is the cost of the care of children. Child support often makes up the difference in the amount of money that the main support parent needs to be able to care for shared children.
The duration of the marriage is often the most significant factor when it comes to determining if significant support is necessary. That, and factors like disability or health issues that might prevent someone from being able to work. The spousal support picture is in flux as social realities change.
Is there a Difference between Alimony and Spousal Support?
Under Florida law, there is no such term as alimony. Spousal support is the only kind of monetary consideration that can be awarded during a divorce. Spousal support and alimony are terms that are used interchangeably when referring to this kind of support. Alimony is technically an obligated payment that is required to be paid to a former spouse after a divorce, while spousal support is defined as payment from one spouse to the other during the divorce process.
Alimony is a term that is becoming less and less related to the divorce process, and you will usually hear these monetary awards referred to more correctly as spousal support awards. The financial realities of the cost of living today have already made it necessary for most couples to maintain jobs in order to support their family, meaning that true alimony is fairly uncommon.
It is possible that true alimony will someday be even less commonly awarded as more and more spouses are both employed. Short of cases where disability or the needs of children cannot be met without it, it is increasingly unlikely to be awarded any kind of permanent alimony or long-term financial award during a divorce.
The Factors Involved in Alimony or Spousal Support Determinations
There are various factors that are involved in the determination related to spousal support during a divorce.
- Standard of living during the marriage
- The duration of the marriage
- Financial resources that each spouse has to work with
- Earning capacity of each spouse
- Education levels of each spouse
- Vocational or employment skills of each spouse
- Age and physical condition of each spouse
- Responsibilities of each spouse related to children from the marriage
- Tax treatment and tax consequences for both parties
- Contribution of each spouse to the marriage like child care, education, and career building
- Factors required to help determine what is just between the former spouses
Ultimately, the judge who is hearing the case will take into consideration all of the factors that have been presented by both sides and then determine the correct amount of spousal support to be awarded. This is why it’s so essential to be sure that your lawyer is careful to present all of the facts related to your case. If any of the information that would affect a spousal support determination is missing, the award might not meet your needs, or you might find yourself in a position where you cannot afford to pay the amount you have been required to pay.
The team at Lopez Law will make sure that all of the information related to your situation is correctly presented to the judge so that your spousal payment arrangement is not incorrect for your needs.
Can Alimony Be Terminated?
There are instances where alimony will be terminated before the stated end period of the payments. In the case of bridge-the-gap or rehabilitative alimony payments, these payments are intended to end once the spouse with less earning capacity has had a chance to get on their feet after the divorce.
Durational alimony is offered with a specific end date. These agreements will often be allowed to run their course unless the spouse receiving payments gets remarried. Permanent alimony will be terminated upon the death of either party involved in the agreement. Alimony can also be terminated if there is a significant change to the circumstances of the spouse receiving the support.
When former spouses remarry or when they choose to cohabitate with another person, spousal support will also be terminated in most cases. When partners move in with someone new, they need to take the last name or the address of the person they are now living with. If they buy a property with this person, this can also confirm the relationship and cause spousal support to be terminated.
In other cases, if the party paying the alimony payments can no longer afford to pay them, or has suffered a change to their health or circumstances, the payments might also be ended. A last consideration that might come into play related to ending alimony payments is fraud on the part of the party obtaining the payments.
What Can a Lawyer Do to Help?
There is a lot of information that needs to be reviewed in order to award the correct amount of spousal support in a divorce. Without the proper support for your demands, they might not be met. The team at Lopez Law has the years of experience that you need to tap into when it comes to seeking the outcome for your case that you have been looking for. Whether you are on the side seeking payments, or you are on the side who will end up having to pay spousal support, you should never leave anything to chance during the divorce process.
Working With a Skilled Legal Team Matters
The team at Lopez Law has the years of experience that you need on your side when you are working through the spousal support process. No matter which side of the divorce you find yourself on, our legal experts can help you seek a favorable outcome for your spousal support situation. We believe in making sure that both parties involved in a divorce get an equitable settlement at the end of the divorce proceedings.
Contact us today to schedule a consultation. We are eager to begin working on your spousal support case.