Miami Alimony Attorney
Alimony is a payment that can be ordered by the court in a divorce case to be paid by one former spouse to the other, either periodically or in a lump sum. Florida law recognizes many different kinds of alimony, and several factors go into determining which form of alimony, if any, is appropriate, what the amount of alimony should be, and how long it should last. Alimony is only ordered if one party requests it and can justify an alimony award to the court. The party being ordered to pay, meanwhile, could oppose alimony in court and argue why it should not be imposed.
As an experienced family law litigator, attorney Daniel Umbert of True North Law, P.A., is a zealous and effective advocate for his clients in court, whether they are seeking or opposing an alimony award in their divorce. If alimony is a contested issue in your Florida divorce, contact True North Law, P.A., for guidance and support from an experienced and successful Miami alimony attorney.
Types of Alimony in Florida
The Florida statutes set out four (previously five) different forms of alimony designed to address the unique needs and circumstances of divorcing couples. Each type of alimony serves a specific purpose and is awarded based on various factors considered by the court:
- Temporary Alimony: Awarded during the divorce proceedings, this type of alimony provides financial support to a spouse in need until the finalization of the divorce. It ends once the divorce is finalized and a more permanent arrangement is established.
- Bridge-the-Gap Alimony: This short-term form of alimony helps the recipient transition from married life to single life. It addresses legitimate identifiable short-term needs and cannot exceed two years. Importantly, bridge-the-gap alimony cannot be modified in amount or duration.
- Rehabilitative Alimony: Intended to assist a spouse in becoming self-sufficient, rehabilitative alimony is provided to support education, training, or work experience needed for the recipient to re-enter the workforce. A specific rehabilitative plan must be presented and approved by the court.
- Durational Alimony: Awarded when permanent periodic alimony is not appropriate, durational alimony provides financial support for a set period of time. The duration cannot exceed the length of the marriage.
- Permanent Alimony (eliminated since 2023): The new version of Fla. Stat. § 61.08 (2023) eliminates permanent alimony entirely. The prior version allowed for permanent alimony only if the court found no other form of alimony to be fair and reasonable, and the duration of the marriage influenced the presumption for or against awarding it. For long-term marriages, there was a rebuttable presumption in favor of permanent alimony, while for moderate-duration marriages, clear and convincing evidence was required, and for short-duration marriages, written findings of exceptional circumstances were necessary.
Factors Determining Alimony in Florida
When deciding whether to award alimony and determining the amount and duration, Florida courts must consider various factors laid out in the law, including the following:
- The standard of living that was established during the marriage.
- The duration of the marriage.
- The age and health of both parties, including physical and emotional condition.
- The financial resources of each party, including marital and non-marital assets and liabilities.
- The earning capacities, educational levels, vocational skills, and employability of each party.
- Contributions to the marriage made by each party, including homemaking, child care, education, and career-building of the other party.
- The responsibilities each party will have regarding any minor children they have in common.
- The tax treatment and consequences to both parties of any alimony award.
- All sources of income that are available to either party.
Modifying or Terminating Alimony
Alimony in Florida can be modified or terminated under certain conditions. For instance, either party can request a modification if there is a substantial change in circumstances, such as a significant change in income, employment status, or financial needs. With regard to rehabilitative alimony, modification or termination can occur if the recipient completes the rehabilitative plan earlier than expected or fails to comply with the plan. Cohabitation with a supportive partner can also be grounds for modification or termination of alimony. Finally, alimony obligations generally terminate upon the death of either party.
Help With Alimony in Your Miami Divorce
At True North Law, P.A., our Miami alimony attorney is dedicated to helping you understand your rights and obligations regarding alimony and guiding you through a cost-effective approach to achieving your goals. Whether you are negotiating alimony terms, seeking modifications, or dealing with enforcement issues, our firm is here to provide you with the support and representation you need. Contact us today to discuss your specific situation and explore your legal options.
