Orlando, Florida Alimony and Support Lawyer
Alimony (spousal support) is not automatically assigned in divorce cases. Typically, alimony is included in a divorce settlement when a significant difference exists between the income and earning potential of a husband and wife. In this sense, alimony functions to ensure both parties are able to maintain a certain standard of living after the dissolution of their marriage. The court has an interest in making sure neither party ends up facing impoverishment. As such, alimony is not punitive; it is not intended to punish the spouse who must pay it and reward the spouse who receives it.
At the law office of Kenneth D. Morse, we explain and discuss the factors and issues involved in determining alimony, and prepare documentation for the court in relation to our client's need for alimony or obligation to pay spousal support.
Regardless of whether you expect to receive alimony or pay it, it's crucial that you understand your rights in a divorce and assert them. To schedule an appointment and learn how we can help you, contact alimony attorney Kenneth D. Morse today.
Different Kinds of Alimony
Depending on the situation of each spouse, the family court will determine how long alimony should be in effect and how much should be paid. In general, the following kinds of alimony arrangements are possible in Florida:
Determining How Much Alimony is Involved
In order to determine spousal support, the court evaluates the employment history, financial situation, health, and education background of each spouse. The court will also evaluate if one spouse sacrificed a career to stay at home or put the other spouse through school. As your attorney, Kenneth D. Morse ensures the terms of your spousal support aren't unduly prejudiced against you.
THE FLORIDA LAWS HAVE CHANGED AGAIN!
New Florida law codifies all forms of alimony; and more specifically defines bridge-the-gap durational, rehabilitative, permanent alimony; allow an award of a combination of alimony. These changes apply to all initial awards of alimony entered after July 1, 2010, and modifications of such awards. The new laws DO NOT apply to alimony awards prior to that date and are not a basis to modify awards entered before July 1, 2010.
New factors to determine alimony are:
(1) The responsibilities each party will have with regard to any minor children they have in common.
Statutory Presumptions are now:
(A) that a short-term marriage is a marriage having a duration of less than 7 years
Bridge-the-gap Alimony has been clarified as:
Alimony to assist a party by providing support to ease the transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs. The length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony is not modifiable in amount or duration.
Rehabilitative Alimony is defined as:
Alimony awarded to assist a party in establishing the capacity for self-support through either:
1. The redevelopment of previous skills or credentials; or
Durational Alimony: (A New Form of Alimony)
This alimony is awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration.
Permanent Alimony considerations now include:
The needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.
Permanent alimony may be awarded following a marriage of long duration, and after a marriage of moderate duration if such an award is appropriate upon consideration of the following factors:
An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.
An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship.
Child Support Changes:
The new law begins on January 1, 2011, however:
Rules for Imputation of Income:
Income shall be automatically imputed and there is a rebuttable presumption that the parent has income equivalent to the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the Census when:
The Court may deviate form the child support guidelines based upon the impact of the Child & Dependent Care Tax Credit, Earned Income Tax Credit, and dependency exemption and waiver of that exemption.
The new law changes substantial parenting adjustment application from 40% to 20% percent of the overnights of the year. This is a significant change.
Orlando Divorce and Alimony Attorney Kenneth D. Morse has over 34 years of family law experience working with complex Alimony cases and will focus on your best interest.
Contact Orlando Alimony Lawyer Kenneth D. Morse
Regardless of whether you are eligible to receive alimony or are required to pay it, inaccurate financial information could detrimentally effect your financial situation. We work hard to protect your rights and financial situation. To schedule an appointment, contact Orlando alimony attorney Kenneth D. Morse today.