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Facing Divorce or other family law matters? We can help!

Alimony Attorneys in Melbourne, FL

Ensuring Fair and Reasonable Spousal Support

alimony

Alimony – also called spousal support – is one of the many complex issues you may deal with in your divorce. Whether you pay or receive alimony, it must be fair and reasonable.

Our spousal support attorney in Melbourne, FL, can represent you in seeking alimony or negotiating your alimony payments. We understand how contentious these disputes can become and remain focused on obtaining the results you seek.

Why do I need a Spousal Support Attorney in Florida?

It would be best if you dedicated time when asking for spousal support since this is the only thing that will secure your future after the divorce. You may face court proceedings if the agreement can’t be done privately. 

When this happens, you need to have a family law attorney on your side to advocate for your best interests. Family law is complicated and requires the expertise of a professional with considerable knowledge and experience in family law because family laws differ according to where you live.

Fortunately for you, our law firm has advocated for our clients for years to safeguard their future. Our years of expertise have earned us a reputation for providing our clients with competent legal services. As well-rounded practitioners, we also specialize in other aspects of family law, including but not limited to:

What are you waiting for? Let us secure your future now!

What is Alimony?

We commonly hear about child support in divorce, implying that one of you will have to pay child support to the other. Spousal support, commonly known as alimony or maintenance, is another assistance awarded to lower-income spouses.

As the term implies, this refers to assisting the other spouse who has earned less or given up their work to support the other spouse and care for their family. This is to ensure that the spouse receiving the alimony award can maintain their financial stability after the divorce.

The longer the marriage, the higher the belief that the support is needed under spousal support. A 10-year marriage may be considered a long-term marriage, with a significant likelihood of spousal support. However, if you can demonstrate that you have earned comparable income, assets, and steady occupations, the Florida court is unlikely to grant spousal support to either of you.

Moreover, contrary to common assumptions, spousal support is not solely given after a divorce. Spousal support (alimony) can be ordered under Florida law even if the couple is separated but not divorced.

Can the Amount of Spousal Support be Modified?

Yes, when a material change regarding one’s financial condition arises. Ex-spouses in the state of Florida can file for a spousal support modification. This is done when there is a significant change in one financial situation, such as 

  • health issues
  • winning the lottery
  • increase in income
  • employment status

However, keep in mind that if both parties decide to make spousal support non-modifiable, you will not be able to petition to increase or lower the amount of support. Include a clause stating how you can change spousal support to address this in your settlement agreement.

This is why it is critical to have a Florida spousal support attorney who is well-versed in Florida spousal support laws to provide you with the best legal advice.

Is Alimony tax-deductible?

Alimony was once tax-deductible, and the receiving spouse was required to record the alimony as income. However, new legislation has modified the tax game in alimony. 

Those divorces finalized on or after January 1, 2019, can no longer avail of the tax-deductible benefit. This means that the paying spouse will not enjoy an off-the-top deduction and that paying alimony will become more expensive. Moreover, alimony recipients will no longer be compelled to record the alimony award as income.

Awarding and Calculating Alimony in Florida

In Florida law, specific factors determine whether alimony will be awarded. Section 61.08, Florida Statutes, sets forth the factors used for alimony analysis, considering the following:

  • Standard of living or lifestyle during the marriage
  • Duration of the marriage
  • The need for alimony
  • Spouse’s ability to pay
  • Each spouse’s health and well-being
  • Employment status
  • Each spouse’s financial conditions, such as separate property, assets, or liabilities

Remember that there is no specific formula to calculate alimony, and the amount may be determined by agreement between spouses or by the court. Moreover, the judge must guarantee that the net income of the paying spouse does not fall below that of the supported spouse.

What Types of Alimony Are There?

Judges are given broad discretion in determining the type,  length, and amount of alimony in divorce proceedings. Fortunately, there are a few different types of alimony in Florida that may be awarded to you, which are the following:

  • Temporary alimony is given to the low-income spouse during the divorce proceedings.  This would assist the needy spouse in ensuring financial stability throughout the lengthy divorce proceedings. It usually ends when the judge grants the divorce.
  • Bridge-the-gap alimony to assist in transitioning from being married to being single for up to two years.
  • Rehabilitative alimony to assist in redeveloping previous skills or credentials, education, training, and work experience to become self-supporting.
  • Durational alimony when permanent alimony is not appropriate, but a period of support is needed for a set amount of time. Durational alimony may be applicable in short or moderate duration or following a marriage of long term if there is no ongoing need for support permanently.
  • Permanent alimony following a marriage of long duration to provide for your needs as they were established during the marriage. This allows a party to meet your needs and necessities of life following divorce.

Remember that the court can also award any combination of these types of alimony. It would depend on the situation of each spouse whether it would warrant more than 1 type of alimony.

Experience Matters

Alimony is a crucial and often contested aspect of any divorce. Indeed, there is no black-and-white formula for calculating alimony in Florida. As a result, you must hire an experienced divorce attorney.

At the Figueroa Law Group, P.A., we will work closely with you to identify your alimony need or exposure. We can persuasively and powerfully advocate for you at the negotiating table or in the courtroom. Ultimately, our goal is to ensure that your standard of living is respected and that you do not end up back in court in the future to fix a flawed alimony agreement or order.

Experience Matters

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Facing Divorce or other family law matters? We can help!