Miami-Dade Spousal Support Attorney
Assisting Clients Through The Alimony Process in Coral Gables & Miami-Dade County
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.
The experienced Miami-Dade alimony lawyers of 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 situation. Call (305) 853-9161 today!
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.
Types of Alimony and Spousal Support in Florida
In Florida, there are several types of alimony:
- Rehabilitative Alimony
- Durational Alimony
- Bridge-the-Gap Alimony
- Lump Sum 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.
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
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.
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.
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.
Contact Our Spousal Support Lawyer in Miami-Dade, FL 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.
Contact Orshan, Spann & Fernandez-Mesa, Family Law Attorneys, today to get started with our Miami-Dade spousal support attorneys.
We Treat You Like Family
We strive to provide quality, thoughtful, timely service to each of our clients. We provide timely, detailed updates on your case and make ourselves available to answer and follow up on any questions you may have.
Personalized Attention to Your Case
Every individual and family has a unique set of circumstances requiring a tailored approach. We treat each client as if they were our only client. Each case is treated with the utmost care and attention.
Thoughtful Preparation & Planning
We will get you through every step and be fully transparent of the process and what you can expect. We take a collaborative approach with our clients - we want to know what you think.
Quality, High-Caliber Representation
Our team is well-respected and recognized throughout the Miami-Dade area. We're known for our precise, in-depth knowledge of the law and versatile, strategic approach to each client's case.