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Alimony in Florida FAQ

On Behalf of | Dec 18, 2017 | Divorce, Firm News

If you are in the midst of obtaining a divorce in Florida, you will likely have some questions regarding alimony, regardless if you are expecting to be the payee or the recipient. It is crucial to hire a divorce attorney who can guide you through this process and provide the advice you need during this emotional and difficult time. However, it is also beneficial to educate yourself as much as possible as you begin to dissolve your marriage.

Here are some answers to the most frequently asked questions divorcing spouses have about divorce:

I have been married for over 15 years. Does this mean I will automatically be awarded permanent alimony? When it comes to long term marriages, the courts will usually consider awarding permanent alimony to a spouse, but it must first be proven that no other form of alimony will provide the receiving spouse with the ability to become and remain self-sufficient. Florida courts will also consider rehabilitative alimony, lump sum alimony, and durational alimony when deciding whether or not alimony should be awarded.

Will my alimony payments ever stop if I am awarded permanent alimony? Despite its name, permanent alimony is not necessarily permanent. For example, if an alimony recipient remarries, it is possible that it might be modified and reduced or terminated. Permanent alimony can also end if both parties agree on a specific duration and agree that it is not modifiable. For alimony to be terminated or modified, a petition must be presented to the court.

I would like to retire, but I am currently paying permanent alimony. Can it be modified or will it only end if my former spouse remarries or if I die? If you are at a point in your life where you are ready too retire, and you and your ex-spouse did not agree to non-modifiable alimony, you can petition the courts to modify your permanent alimony payments.

I am concerned about a drastic change in my standard of living once I am divorced. Will I be awarded enough alimony to maintain my current standard of living? It is common for a divorcing spouse to be concerned about the possibility of having to adjust to a new standard of living. While the courts will consider your marital standard of living, it will not be the only factor in determining your alimony award.

My ex-spouse remarried and now has a considerably higher combined income. Can I receive an increase in alimony? Florida law does not consider a new spouse’s income when considering alimony, unless the spouse who remarried is the recipient. If a recipient remarries, the payee can petition the court of a reduction or termination.

Divorce Attorneys in Florida

Divorce can be an overwhelming and emotional experience to endure and your life will undoubtedly change once it is over, which is why you need a skilled divorce attorney on your side to ensure your interests are protected. At Ami L. DiLorenzo, P.A., our Ocala family law attorneys provide clients with the honest and aggressive legal representation they deserve. You do not have to go through this alone.

Contact our office today at (352) 437-2200 to schedule a free consultation.