When considering divorce, you will understandably have many concerns. You may wonder how alimony might affect your ability to support yourself and maintain the lifestyle you desire. These needs make spousal support logical priorities for your family law attorney.
At the Ocala area family law firm of Attorney Ami L. DiLorenzo, we provide our clients with honest and aggressive legal representation. For almost 20 years, Ami DiLorenzo has worked to protect the spousal support interests of our clients. Whether you are concerned about paying too much, or receiving too little, we can help protect your interests and help your family reach an agreement that is best for all those involved.
Our clients come to us for help with situations such as:
There are 3 different classifications of marriage which will factor in how much a party can receive and for how long: a long term marriage (17 years or more) may entitle one party to permanent benefits. A moderate marriage, which lasts 8-16 years, could earn financial assistance for a length of time often proportional to the length of the marriage. 7 years or fewer of marriage is considered a short term marriage and may mean that a party is awarded "bridge-the-gap" alimony to help them adjust to single life; this can last no longer than 2 years. Another option is rehabilitative alimony, which is used to support someone while they learn marketable skills so they can find reasonable employment.
Contact our Ocala divorce attorneys today to discuss your situation during a free consultation.
Call (352) 437-2200.
Florida Statute § 61.08 sets forth the factors considered when awarding alimony, also known as spousal support, in a dissolution of marriage proceeding. In determining whether to award alimony or maintenance, the court must determine whether a party has an actual need for alimony and whether the other party as the ability to pay alimony.
If the court determines that there is a need for alimony and an ability to pay, it will consider several factors in determining the proper amount and type, such as:
Even though Florida is a no-fault divorce state, there is a possibility that the court may consider any marital funds used for adultery when determining the amount of alimony.
Florida has several types of alimony that may be awarded, including:
When determining which type of alimony to award, the court must also take into consideration the length of the marriage. The length of a marriage is the period of time from the date of marriage until the date of filing an action for dissolution of marriage. There are three (3) types of marriage lengths in Florida. A short-term marriage is a marriage having a duration of less than seven (7) years, a moderate-term marriage is a marriage having a duration of greater than seven (7) years, but less than seventeen (17) years, and a long-term marriage is a marriage having a duration of seventeen (17) years or greater.
When a marriage is determined to be of a short duration, a spouse in need of alimony is eligible for all forms of alimony, although an award of permanent alimony must be accompanied by “written findings of exceptional circumstances”.
When a marriage is determined to be a moderate-term marriage, a spouse in need is eligible for all forms of alimony, but permanent alimony may only be awarded upon a showing of “clear and convincing evidence”.
When a marriage is determined to be a long-term marriage, a spouse in need is eligible for all forms of alimony, including permanent alimony. However, durational alimony may only be awarded if the trial court determines that permanent alimony is inappropriate.
Spousal support and alimony are negotiated between your attorney and counsel for your former spouse; or, if an agreement cannot be reached, a judge will determine the amount and duration. If obligations are not met, the payor can be subject to a contempt order or enforcement action from a judge.
Our lead attorney, Ami L. DiLorenzo, is well-versed in all of the Florida spousal support guidelines. In spousal support negotiations, she will make sure that your rights are protected. She knows what your needs and interests are, and will make sure that the other side knows them too.
Spousal support is an extremely important financial obligation. We can begin discussions of these matters at your earliest convenience, during your free initial consultation with one of our Ocala divorce lawyers.
We encourage an atmosphere of candor and confidentiality. Your free consultation is your opportunity to tell us how we can help you. Call our Ocala law office today at (352) 437-2200.