Miami-Dade Spousal Support Attorney

Experienced Alimony Representation in Coral Gables & Miami-Dade County, FL

In Florida, the law authorizes the court to award lump sum, durational, bridge-the-gap, or rehabilitative alimony to either party in a marital dissolution proceeding. In awarding alimony, the court must primarily consider the need for support of one spouse and the ability of the other to pay.

The criteria used in determining whether an award of alimony is appropriate, the type of alimony that might be awarded, and the amount of that alimony also include:

• The parties’ earning abilities, ages, health, and education
• The duration of the marriage and the standard of living enjoyed during its course
• The parties’ assets and liabilities (both marital and non-marital)
• And any other factor necessary to do justice

Although there are guidelines for determining the amount of child support, there are no comparable statutory tables for determining alimony. As such, it is vitally important to explore all legal avenues available to determine a party’s rights and responsibilities with regard to alimony. Each case is unique, and a tailored approach ensures that the specific circumstances affecting an alimony case are thoroughly evaluated.

Our firm not only looks at the immediate needs and capabilities of each spouse but also considers the longer-term implications of alimony agreements. This includes the potential for shifts in employment or income levels, changes in marital status, and other life events that could impact financial stability and the fairness of the original agreement.

The experienced Miami-Dade alimony attorneys at Orshan, Spann & Fernandez-Mesa can answer all of your questions and provide you with an educated opinion on whether alimony will be granted in your case. Call (305) 853-9161 or reach out online for a consultation!

How Is Alimony Calculated in Florida?

In Florida, alimony is calculated based on factors such as the standard of living established during the marriage, the duration of the marriage, the supported spouse's need, and the supporting spouse's ability to pay support. A judge will analyze each party's financial affidavit to determine if there is a need for support and if there are sufficient funds to make alimony payments.

Furthermore, the court may evaluate how these factors interact with each spouse's future financial outlook. This includes potential retirement plans, expected inheritance, or considerable future expenses such as healthcare needs or children's education that could affect their financial capacity. This comprehensive analysis aims to achieve equitable outcomes that reflect each party's life circumstances during and post-marriage.

Exploring Different Alimony Options in Florida

In Florida, there are several types of alimony:

• Rehabilitative Alimony
• Durational Alimony
• Bridge-the-Gap Alimony
• Lump Sum Alimony

Empowering Self-Sufficiency with Rehabilitative Alimony

If a party is capable of becoming self-supporting, rehabilitative alimony may be appropriate. Rehabilitative alimony presupposes a potential for self-support that was not developed or was lost completely during the marriage. The recipient spouse is given time to develop new skills or employment potential. Rehabilitative alimony serves as an incentive for self-sufficiency.

This type of alimony is particularly suited for spouses who may have stepped away from their careers to support the family during the marriage. By focusing on skill development and employment training, rehabilitative alimony can effectively bridge the gap between dependency and self-reliance, thus promoting long-term financial independence for the recipient spouse.

Some of the factors that may be considered in assessing whether there should be an award of rehabilitative alimony in a particular case include the following:

• The ability of the party to become self-supporting
• Previous education, skills, or training
• Previous employment
• Disability of party
• Time required to obtain education or training
• Contributions to marriage affecting present employability

Short-Term Support with Durational Alimony

Durational alimony is an amount of money required to be paid regularly for a period of time that cannot exceed the length of the marriage. Generally, an award of durational alimony may be awarded when there is no long-term marriage, and other factors deem such an award appropriate.

This form of support caters to circumstances where a one-time settlement is inadequate to meet the recipient's needs but ongoing support is inappropriate. It provides temporary financial aid, allowing the receiving spouse the necessary time to make adjustments to their lifestyle in line with their new circumstances post-divorce.

Transitioning with Bridge-the-Gap Alimony

Alimony sometimes serves a “bridge-the-gap” purpose. Generally, bridge-the-gap alimony is awarded in dissolutions of short-term marriages to allow for a transition from the standard of living during the marriage to either the standard before the marriage or the standard that the spouse would have attained if the marriage had not occurred. This type of alimony is generally awarded for a limited period of time.

Bridge-the-gap alimony is uniquely structured to facilitate a seamless transition for the recipient, providing critical support while they adapt to life changes brought by the end of a marriage. This support is designed to address legitimate, identifiable short-term needs, ensuring that day-to-day expenses can be met as the individual transitions into their post-marital life.

Final Settlements with Lump Sum Alimony

Lump sum alimony is a payment of a fixed and definite sum and is in the nature of a final settlement between the parties. Essentially, it is support alimony in a lump sum — the need of the recipient spouse and the ability of the payor spouse to pay. The law regarding lump sum alimony enables a court to ensure equity and justice between the parties by ordering one spouse to convey property to the other or choose the existing vehicle of lump sum alimony to achieve an equitable distribution.

The criteria for this award require findings of fact regarding the justification for the lump sum payment and an examination of the financial ability of the party making the payment. Lump sum alimony may be awarded not only as a monetary sum but also in the form of real or personal property, the marital home being the most common example.

Our spousal support attorneys in Miami-Dade often negotiate spousal support for a receiving spouse and defend alimony claims for a paying spouse as part of a divorce settlement. If a settlement cannot be reached, the Miami-Dade spousal support lawyers at Orshan, Spann & Fernandez-Mesa will vigorously present your case for an award of alimony or your defense to an award of alimony to the court.

Can You Modify Alimony in Florida?

If there has been a substantial change of circumstances that has occurred from the time of the original award of alimony to the time that a claim for modification of that alimony is made, the court generally has jurisdiction to modify the alimony award by either increasing, reducing, or extending the time for payment of that award.

For example, if your ex-spouse who is receiving alimony has had his or her income increased, you may be entitled to petition the court to decrease or terminate your alimony payments. Alternatively, if you are receiving alimony and your ex-spouse is making more money, or your needs have increased, you can seek to increase the amount you receive. When crafting settlement agreements, we may consider attempting to establish alimony that is non-modifiable if this is a solution that meets your needs.

Modifying an alimony arrangement is a complex process that often requires a strong foundation of evidence to support the necessity for change. This could involve gathering detailed financial records, documenting changes in life circumstances, or providing expert testimonies about future financial prospects, thereby ensuring that the alimony agreement continues to serve its intended purpose without unduly burdening either party.

Understanding the Emotional Impact of Spousal Support

Navigating the complexities of spousal support can be emotionally taxing for both parties involved. It's essential to recognize that alimony not only affects financial stability but also has profound emotional implications. At Orshan, Spann & Fernandez-Mesa, we believe that understanding these emotional dynamics is crucial for our clients.

During divorce proceedings, feelings of anxiety, uncertainty, and even resentment can arise. Our compassionate team is dedicated to providing support not just legally, but also emotionally. We offer resources and guidance to help you cope with the stress associated with spousal support negotiations.

Here’s how we can assist:

• Personalized Consultations: We take the time to listen to your concerns and tailor our approach to meet your unique needs.
• Supportive Resources: We can connect you with counseling services and support groups to help you manage the emotional challenges of divorce.
• Clear Communication: Our attorneys prioritize clear and open communication, ensuring you feel informed and empowered throughout the process.
• Negotiation Strategies: We develop strategies that consider both financial and emotional aspects, aiming for outcomes that promote healing and stability.

Notably, the emotional support we provide is designed to ensure clients feel seen and heard throughout their legal journey. By helping clients understand the typical emotional progression during and after divorce proceedings, they can feel more prepared and resilient, leading to healthier, more amicable settlements.

Remember, you are not alone in this journey. Let us help you navigate the emotional landscape of spousal support while fighting for your rights. 

Contact Our Miami-Dade Spousal Support Lawyer Today

Our Miami-Dade spousal support lawyers can help you determine whether or not you are entitled to a modification in the level of spousal support you are receiving or paying, and we will also craft a resolution to your case that considers the benefits and detriments of whether you should establish the alimony as modifiable or non-modifiable.

Schedule a consultation with the Miami-Dade spousal support attorneys at Orshan, Spann & Fernandez-Mesa for tailored alimony solutions in Miami-Dade. Call (305) 853-9161 today.

Unique Challenges of Spousal Support in Miami

Miami presents a unique landscape for spousal support cases due to its diverse demographic and economic environment. The city's vibrant culture and range of income levels mean that spousal support arrangements must be carefully tailored to suit varied lifestyles and financial situations. In Miami, the variance in cost of living from one neighborhood to another can significantly affect the standards applied in spousal support determinations.

Additionally, Miami's international community adds a layer of complexity, as many residents have assets or financial interests overseas. The legal navigation of spousal support can become more intricate when international jurisdictions are involved. Our spousal support attorneys at Orshan, Spann & Fernandez-Mesa are proficient in assessing these complexities, ensuring that every relevant factor is considered to achieve an equitable agreement.

Frequently Asked Questions About Spousal Support

What Factors Influence Spousal Support Awards in Miami?

Spousal support awards in Miami are influenced by a variety of factors. These include the length of the marriage, the standard of living during the marriage, each spouse's financial resources, and their respective earning capacities. Miami's diverse economy plays a role, as the disparity in income levels can lead to more nuanced considerations. Additionally, contributions to the marriage, such as child care and homemaking, are assessed, along with any previous agreements between the parties. Judges also consider the age, health, and emotional condition of both parties. At Orshan, Spann & Fernandez-Mesa, we ensure that these factors are comprehensively evaluated to advocate effectively for your financial rights.

How Can International Assets Affect Spousal Support Claims?

International assets can significantly impact spousal support claims, particularly in a global city like Miami. Assets held overseas may complicate the disclosure process and valuation, making it crucial to have skilled legal assistance. Different countries have varying laws regarding property and income, which can affect how assets are distributed in a divorce. Our team is experienced in dealing with the complexities of international asset division and spousal support, ensuring that you receive a fair assessment of your case regardless of where assets are located.