Family Law Alimony
Brandon Alimony Lawyer
Family Law Attorneys in Brandon, FL, Guiding Clients Through the Alimony Process in Hillsborough County
An award or denial of alimony can sometimes mean the difference between comfortably getting by financially or struggling to prevent the loss of everything. This could apply to either spouse, the recipient of alimony or the payor of same.
How Does Alimony Work in Florida?
In Florida, alimony is calculated based on need and ability to pay. Instead, alimony is based on an amount necessary to maintain the standard of living you became accustomed to during the marriage.
The purpose of alimony is to ensure that when two spouses divorce, both are able to financially transition into their future lives as single persons.
When getting divorced, it is always advisable to meet with a Brandon divorce lawyer and consider retaining legal counsel for your divorce. Alimony is based on a spouse’s need and the other spouse’s ability to pay.
There have been some recent major changes to the Florida alimony law that went into effect on July 1, 2023, and are applicable to all divorce cases which have an initial petition pending on that date or initially filed thereafter.
Marriage happens. You fall in love. You get married. You both pay the bills regularly. You may or may not have children. You grow accustomed to an established standard of living. Years pass you by. You or your spouse may develop a physical or emotional condition that affects your ability to earn a decent wage or salary. Your financial resources and liabilities may change.
Your earning capacity, educational level, vocational skills, and employability may limit your ability to earn a decent wage or salary, or you may have a plan to acquire sufficient education and training to enable you to find employment in the near future.
You contribute to your marriage, perhaps by rendering services in homemaking, child care, education, and the career building of your spouse. Perhaps you or your spouse have certain responsibilities for your child during and after your marriage ends.
You have or do not have any other sources of income from which to meet your needs or the needs of your children. All of these are factors under FL law that the courts will consider, along with others, to determine the proper type and amount of alimony that a spouse may be awarded in a divorce case.
Marriage happens and sometimes, Divorces also happens.
Recent FL Alimony Reform:
Divorces Happen. Not all cases qualify for alimony, you should consult with a Brandon family law attorney to assess the individual facts of your alimony case. There are two major changes caused by the recent changes to Florida’s alimony law: (1) the length of of time that one spouse is paying and the other spouse is receiving alimony has been capped depending on the length of a married couple’s marriage; and (2) the amount of alimony paid by one spouse to the other spouse has also been capped depending on the amount of each’s net income.
Length Caps-Limitations on the Length of Alimony Payments.
In Florida, since July 1, 2023, for all divorce cases then having an initial petition pending, the length of a couple’s marriage are defined as follows:
If you were married for less than 10 years, FL now considers it a short-term marriage.
For short term marriages, the length of periodic alimony payments is now limited to 50% of the length of your marriage. As an example, if you were married for 6 years and the court awarded you monthly alimony, the maximum amount time that the court can order your periodic alimony payments to continue is 3 years (50% of 6 years).
If you were married for more than 10, but not greater than 20, years your marriage is defined under FL law as a medium-term marriage.
For medium term marriages, the length of periodic alimony payments is now limited to 60% of the length of your marriage. As an example, if you were married for 12 years and the court awarded you monthly alimony, the maximum amount time that the court can order your periodic alimony payments to continue is 7.2 years (60% of 12 years).
If you have been married for 20 years or more, you marriage meets the definition of a long-term marriage under FL law as of July 1, 2023 if your divorce case had been initially filed and was still then pending or initially filed after July 1, 2023.
For long term marriages, the length of periodic alimony payments is now limited to 75% of the length of your marriage. As an example, if you were married for 30 years and the court awarded you monthly alimony, the maximum amount time that the court can order your periodic alimony payments to continue is 22.5 years (75% of 30 years).
Amount Caps-Limitations on the Amounts of Alimony Awarded
Under the recent changes to the Florida Alimony law that went into effect on July 1, 2023, and affect all divorce cases then having an initial petition pending or filed thereafter, the court, unless there are specific factual circumstances in support of a greater amount, is unable to award more than 35% of the total difference between each spouse’s net income.
As an example, if Husband earns $200 net income a month and Wife earns $100 net income a month, the difference of their net incomes is $100 ($200 minus $100 equals $100). Thirty-five percent of $100 is $35.00 ($100 X 35%). This would mean that the maximum amount of monthly periodic alimony that a judge may award for this example is $35.00 a month. The maximum length of time the monthly periodic alimony can be required to be paid over time is dependent on the length of the parties marriage (see above).
These are the maximum length and amounts and the family courts DO NOT have to grant the maximum length or amount, it may be LESS than the maximums. There are some exceptions that are dependent on specific facts that must be proven in court.
What if My Spouse and I Agree to an Alimony Arrangement in Florida
In FL, couples can negotiate the terms of an alimony award, including the type, duration, and amount of support. If the parties agree to an alimony arrangement, their agreement should be reflected in the court order. If there is no written agreement or court order, the spouse can stop paying alimony at any time.
Get Legal Representation from our Brandon Alimony Lawyer
Divorces Happen, and when they do, oftentimes spouses go from a shared household income lifestyle to a drastically different single lifestyle. If divorce happens to you, consult with an experience Brandon family law attorney.
At Curry Law Group, our Brandon alimony attorneys have been handling divorce cases for more than 30 years. Call or send us a message to schedule an appointment with one of our spousal support attorneys today so that you can KNOW YOUR RIGHTS!
Contact Curry Law Group, P.A., today to get in touch with our alimony lawyer in Brandon, FL.
Get a head start by viewing the informational material provided on this site to help you become more familiar with the legal process and what information you need to provide. Then as an educated client, you can choose our legal experienced and determined attorneys who will fight to resolve the issue in your favor.