Your St. Petersburg Alimony Lawyer: Answers To Your Divorce and Family Law Questions
Florida law around alimony is not always so black and white. Florida courts don’t always guarantee alimony as they do with child support, and even if they do, there’s no set formula for how much alimony payments will be. In fact, presenting the facts around alimony to separate courts will likely result in very different judgments. During a divorce, the Law Office of William B. Bennett can serve as an alimony lawyer to give realistic expectations when it comes to alimony decisions.
Unlike many states, Florida does not have a fixed formula when it comes to alimony judgments. Florida statutes rely on the judge to consider a set of guidelines when making a decision on alimony, which is mainly based on the length of the marriage.
Does the Length Of Marriage Affect Alimony?
The most important factor when a judge considers an alimony decision is how long a couple was married. The longer a couple was married, the more likely it is that alimony will be granted. The length of time includes the date of a person’s marriage to the date of the divorce filing.
The table below can provide an idea of what the chances are that alimony will be granted based on the length of a marriage.
|Length Of Marriage||Chance of Alimony|
|4 Years||Not Likely|
|8 Years||Small Possibility|
|10 Years||Very Possible|
|18 Years||Almost Definite|
If you were married 10 years or longer, our alimony lawyer can help you accurately determine your options around alimony and assist in pursuing a judgement in your favor.
What Qualifies For Alimony In Florida?
In Florida, when a couple files for divorce the judge may require one spouse to pay the other an alimony payment as part of the divorce settlement. Alimony is sometimes called Spousal Support in the courts. It is defined as money paid by one spouse to the other as a way to support and provide for the recipient for a certain length of time.
The courts may grant alimony in order to accommodate an ex-spouse’s standard of living that they have been used to. They may also grant it in the case for one ex-spouse to go back to school after a divorce in order to pursue a career. The alimony would help cover living expenses during this time.
Whereby, child support payments are determined by a strict legal formula, the court carries a lot of discretion when deciding on alimony payments. Depending on the details of your marriage, an experienced alimony lawyer can help argue your case with the court in your favor.
What Are The Types Of Alimony?
The first question raised by the court will be: is alimony even appropriate in this case? In a divorce, it must be determined that there is a real need for an alimony payment. It also has to be determined that there is an ability present to pay that alimony. If those two qualifications are not met, then alimony will not be awarded.
However, if it is determined that alimony is valid, then your alimony lawyer can argue for what type of alimony can be provided based on the circumstances.
This type of alimony may be awarded to a spouse during the divorce proceedings. As a result, temporary alimony ends when a judgment is issued. Another alimony decision may be awarded at that time.
This type of alimony may be granted to an ex-spouse in order to allow them to pursue career training or professional education after a divorce. In order to receive rehabilitative alimony, a detailed plan must be presented to the courts outlining the path to be taken along with a completion date. An alimony lawyer can help guide you on completing this plan.
Bridge The Gap Alimony
This type of award is provided for no more than two years after the divorce. The purpose of Bridge The Gap Alimony is to provide an ex-spouse with the support needed in order for them to get back on their feet. Once this judgment has been awarded it can not be turned over in any kind of post judgement modifications.
When permanent alimony is awarded, the payments are required until the court orders a stop to the payments. If no order is given, then this alimony is paid until either spouse dies or the recipient remarries.
Can An Alimony Lawyer Help Me Avoid Paying Alimony In Florida?
Even if a divorce is unavoidable, your alimony lawyer may still be able to argue against an alimony judgment. If you are going through a divorce, the Law Office of William B. Bennett can help direct your case away from having to pay alimony. Below are a few examples where you can avoid alimony during your divorce proceedings.
- If you can prove that you earn less than your spouse
- Your marriage did not last long
- Court ordered vocational evaluation of spouse’s need for alimony
- Agreement outside of court
The Law Office of William B. Bennett For All Your Family Law Matters
If you feel that alimony could play a role in your divorce, consulting with an experienced divorce lawyer such as William B. Bennett may be recommended for your case. If you are seeking alimony, an alimony lawyer can help argue your case for a judgment in your favor. Likewise, if your spouse is requesting alimony, we have over 20 years experience arguing divorce cases and can help prove a lack of need for alimony. Call us at (727) 821-8000 for a free consultation to discuss alimony and your divorce. You can also contact us on our website here.