Alimony

Infographic: Factors Considered During Spousal Support

The infographic, “Factors that determine spousal support,” explains some of the most common factors the court takes into consideration when determining spousal support. Alimony and spousal support can sometimes be unpredictable, so having a lawyer represent you will make it easier for you. Some of the factors considered by the court in determining spousal support include the length of marriage, lifestyle during marriage, the ability of one spouse to pay to the other spouse, the needs of the other spouse, current employment or employment ability of other spouse, and the marital assets and how they are divided. A divorce lawyer in Davie will help you gather the required documents and help you understand any other relevant factors that might affect spousal support. Refer to the infographic below for more...

Factors That May Influence an Alimony Settlement

Alimony is an important factor in a divorce case. There are several types of alimony. The amount and duration can vary from case to case. A good divorce lawyer Davie will seek to get the most desirable outcome for your case. Different factors that influence the type, amount, and duration of the alimony include, but are not limited to: Length of marriage: Marriages are oftentimes classified as short-term, moderate, or long-term. Marriages that last less than 7 years are considered short-term, between 7-17 years are moderate, and marriages that last longer than 17 years are considered long-term. Economic status:This will include personal and marital assets and how these are being distributed in the divorce settlement. Liabilities incurred during the marriage are also considered. Contribution: This could be in the form of salary, childcare, or supporting a spouse in a career or educational pursuit. Standard of living: The court will consider the standard of living that the couple enjoyed during the marriage and use that to help determine the amount of alimony. Physical condition: This includes age and any physical impairment that may affect the earning capacity of both parties. Future plans: If one of the spouses requires further learning to achieve self-sufficiency, this is considered as...

Types of Alimony in Florida

Under the Florida law, alimony, also known as spousal support,may be granted in dissolution of a marriage so that the financially independent spouse can support his or her former partner until he or she can establish means to support himself or herself. Hiring a divorce attorney Weston can help you better understand the kinds of alimony you may be eligible for. Temporary alimony:This type of alimony lasts during the divorce proceedings and is withdrawn once the divorce is finalized. It could be replaced by another type of alimony. Bridge-the-gap alimony: This type of alimony is meant to offer temporary support while transitioning through the separation of a marriage. It allocates sufficient funds for identifiable bills in this transitional period. Rehabilitative alimony: This type of alimony is awarded when the spouse is learning a skill that will allow him or her to be self-sufficient. A rehabilitative alimony includes a specific plan with details such as duration of the program, expense involved, and time taken for establishing oneself in the new profession. Durational alimony: This kind of alimony usually applies to a short or a moderate term marriage (7-17 years). The alimony duration is fixed and cannot exceed the length of the marriage however it can be modified later. Permanent alimony: This kind of alimony is awarded in case of moderate or long-term marriages (17 years or more). It can be awarded even in the case of short marriages, but only in very exceptional circumstances. It is usually awarded when the spouse is unable to earn a...

When You May Need the Services of an Alimony Attorney

If things are not working out for a couple, itmay not be a good practice to immediately opt for a divorce. Thankfully, many couples have started to realize this and have been looking at less drasticmeasures of sorting out their issues. Divorce can be time-consuming and troubling. In situations where divorce is needed (or has already occurred), you can discuss your situation with an alimony attorney in Weston. The samealimony attorney in Weston cannot represent both the parties (i.e. husband and wife), but they can be an effective advocate on behalf one spouse. They can be the guiding force to determine that everything is in accordance with the law and your interests are fully represented. In general, an alimony lawyer in Weston can help with cases related to: Negotiate the final amount of alimony Attempt to modify alimony after a divorce settlement has been agreed to Child Custody and Child Support Shared property and assets between married or divorced couples Settling marital legal disputes with or without financial constraints Preparing all legal documentsand meeting all assigned deadlines in family law...

Florida Alimony Reform 2016

Until approximately one week ago I was expecting to write this month’s article on the changes in Family Law that would be taking effect as of October 1, 2016. For the second time in four years the Florida Legislature had passed a bill which would have modified the current alimony laws in this state; and for the second time in four years Governor Scott has vetoed the bill. The result is that everything remains the same and the proposed laws that were passed by the legislature are forgotten, at least until 2017; when they reconvene. The reason the Governor gave for vetoing the alimony reform bill four years ago was due to the fact that it contained a retroactive clause. This would have allowed individuals, who were either ordered to pay or agreed to pay permanent alimony to go back into court and seek either a termination or reduction based upon the change in the law. The Governor indicated that if in fact that provision was removed in the future he would in fact pass an alimony reform bill. This year the retroactive provision was in fact removed but the legislature added a time sharing provision, which would have resulted in an equal time sharing presumption when there are minor children involved. Currently, there is no such presumption, although it is very common that Mothers and Fathers do have equal time sharing with minor children. In spite of what many individuals believe because of their independent research on the internet, there is no such equal time sharing presumption in Florida today. Each case is considered independently and the Court...

Basic Issues Of Divorce

It seems that DIVORCE is often misunderstood.  Unfortunately everyone seems to know someone who is either going through a divorce or has been divorced.  Everyone has heard various “horror stories” about someone’s divorce case.  Many people who come to my office for a consultation are lost or confused as to what may lie ahead.  A common question is “how do I start this?”  Even though every case is obviously different from the next, most cases deal with the same general issues one might encounter in a divorce.  I thought it might be helpful to briefly touch upon each one of these.  1. Equitable Distribution: This is the principle by which assets accumulated and debts incurred during the marriage are divided. In most cases the division will be an equal division of both assets and debts.  This however is not always true.  Florida Statutes allows a Judge to consider various factors in determining the possibility of an unequal distribution.  In addition, non marital assets (assets owned prior to the marriage or received from a source unconnected with the marriage; such as an inheritance) will not be divided unless these assets were co-mingled with marital assets or gifted to the other spouse. 2. Alimony: Alimony is not an issue in every case.  There are a number of factors which must be considered in addressing alimony.  There are several different kinds of alimony which are contained within the law.  The one most people think of is “permanent alimony”, which is a sum of money paid on a monthly income until death or remarriage by the receiving spouse.  This is based upon, among...