LAKELAND ALIMONY ATTORNEY
Lakeland Alimony Lawyer, providing professional Alimony, Divorce, and other Family Law Attorney Services in Lakeland, Winter Haven, Bartow, Polk County, and Central Florida.
Call Lakeland Alimony Lawyer, SUSAN J. BEST at 863.333.0568 to schedule a confidential legal consultation.
When a married couple chooses to get a divorce, one of the issues that "may" have to be resolved or ruled upon by the court before the divorce may become finalized is Alimony. While many people assume that alimony is a always granted in a divorce, the truth is that most divorces do not include an award of alimony or spousal support.
Alimony may be granted if the court recognizes that their is an actual need for alimony, and that the party who would have to pay the alimony has the financial ability to do so without creating significant financial hardship for his or herself.
What Florida Courts Generally Considers in Alimony (Spousal Support) Cases?
- Spouse Requesting Alimony: There is a proven need for alimony (spousal support) in order for the requesting spouse to either survive financially or live according to a reasonable fashion that he or she has become accustomed to during the marriage.
- Spouse to Pay Alimony: He or She has the ability to pay the requested or ordered amount of alimony, while at the same time does not subject he or she to financial hardship in doing so.
- The amount of alimony is itemized: This allows the court get a full understanding of how the party requesting alimony has come up with the amount of alimony that has been requested. This also allows the party that is being asked to pay alimony to dispute some or all items listed in the itemized list and amount of alimony being requested. This ultimately helps the court ensure the party who may be ordered to pay alimony will not be unnecessarily ordered to pay for specific items requested by the one seeking spousal support that are out of the scope of necessity.
The third factor is often scrutinized by the court during a divorce because alimony is designed to provide a necessary income supplement for the spouse seeking alimony... not for the purpose of allowing the one paying alimony to support the other spouses extravagant lifestyle choices.
In the State of Florida there are 6 forms of Alimony:
- Permanent Alimony: More likely to be awarded in the case of a long-term marriages (generally over 17 years) that are ending in divorce, when awarded, Permanent Alimony allows a spouse that has not worked during the majority of the term of the marriage - or has lower income or lower earning potential - to continue living under the same financial standard of living as during the marriage. In order to receive permanent alimony, it must not cause a financial hardship for the spouse who is to pay the alimony.
- Rehabilitative Alimony: Typically awarded in medium to short-term marriages that are ending in divorce, when awarded, Rehabilitative Alimony allows a spouse to receive financial payments to assist in establishing the capacity for self-support through re-establishing (redevelopment) previous skills or credentials, or the acquiring viable employment skills through education, training, or work experience necessary to for the purpose of providing for his or herself. A Detailed Specific Rehabilitative Plan must be provided to the court for consideration when requesting Rehabilitative Alimony.
- Durational Alimony: This is a relatively new form of Alimony that may be awarded when Permanent periodic Alimony does not appear to be a fair and reasonable solution for the spouse who may be ordered to pay Alimony. In short, Durational Alimony may be ordered for a specific period of time to provide the spouse receiving the Durational Alimony with economic assistance for a set period of time following a marriage of short or moderate duration. A Rehabilitative Plan does not have to be filed with the court for this type of Alimony.
- Bridge-The-Gap Alimony: In the State of Florida, this type of Alimony will not exceed 2 years in the duration of support payments, and is intended to provide general financial assistance to allow the on receiving Alimony payments to make a smooth transition financially going from married life to single life after a marriage has ended.
- Temporary Alimony: In the State of Florida, this type of alimony may be awarded to a spouse to cover his or her financial needs from the time that the dissolution of marriage action is filed through the entry of the Final Judgment of Dissolution of Marriage.
- Lump Sum Alimony: This type of Alimony can be viewed in a rather broad scope. I may be ordered as a one-time financial payment that is legally binding against future financial alimony claims against the spouse ordered to pay alimony. Lump Sum Alimony may also be used to ensure fair and equal asset distribution. Lump Sum Alimony can be a very complex process, and seeking legal assistance to ensure your legal rights are protected at all times may be paramount in the outcome of Lump Sum Alimony negotiations and the language used in any legal agreement.
In the State of Florida there are 6 forms of Alimony:
In divorce cases, alimony is based primarily on these important factors:
- The need of the requesting spouse; and
- The ability to pay the requested alimony amount does not put the one who will pay the alimony payments will not be subjected to financial hardship in doing so.
- The amount of alimony is itemized so that the court may ensure the one who may be ordered to pay alimony will not be unnecessarily ordered to pay for specific items requested by the one seeking spousal support that are out of the scope of necessity.
The third factor is often accessed because alimony is designed to provide a necessary income supplement for the spouse seeking alimony... not for the purpose of allowing the one paying alimony to support the other spouses extravagant lifestyle choices.
Palimony is a substitute for alimony in cases in which the couple were not married but lived together for a long period and then terminated their relationship. The key issue is whether there was an agreement that one partner would support the other in return for the second making a home and performing other domestic duties beyond sexual pleasures. Written palimony contracts are rare, but the courts have found "implied" contracts, when a woman has given up her career, has managed the household, or assisted in the man's business for a lengthy period of time.
BEST LAW, PLLC, vigorously represents the rights of individuals who are currently engaged in alimony, divorce, or other family law legal matters.
Call Lakeland Alimony Lawyer, SUSAN J. BEST at 863.333.0568.
BEST LAW, PLLC has extensive experience in assisting Lakeland, Winter Haven, Bartow, Polk County, and Central Florida residents and visitors who require professional Alimony, Divorce and Family Law Attorney legal services.