Orlando Alimony Attorney
In a dissolution of marriage proceeding one of the most frequently asked questions is whether I or my spouse is entitled to alimony. Either the Husband or the Wife may obtain a form of alimony in the State of Florida under the proper circumstances. Each party has the same rights in regard to the issue of alimony. The issue of whether a spouse is going to receive alimony depends on the individual facts of that particular case. What happens in one case may not happen in another.
Types of Alimony in Florida
There are several different types of alimony within the State of Florida. Alimony (also called spousal support) can be a combination of permanent, rehabilitative, durational or bridge-the gap. Each type of alimony has separate requirements and conditions. The court will look in part to the duration of the marriage and decide whether the marriage is short-term (less than 7 years), moderate-term (more than 7 years but less than 17 years) or long-term (more than 17 years). The length of the marriage is the time period from the date of the marriage until the date one of the parties files in court for divorce.
Bridge-the-gap alimony may be awarded to assist a party to make the transition from being married to being single. Rehabilitative alimony may be awarded to assist a party to establish the ability to be financially self-supporting through redevelopment of previous skills or credentials or through acquiring new skills, education, training or work experience. Durational alimony may be awarded when permanent alimony is inappropriate but a party needs economic assistance for a set period of time. Permanent alimony continues until the death of either party or remarriage of the party receiving the alimony.
Requirements for Receiving Alimony Payments
To receive alimony payments a party must prove that they have a need for the alimony and that the paying spouse has the ability to pay alimony. The Court will take into account the Husband and Wife's standard of living while they were married to each other, the duration of the marriage, the age of the parties, and the physical and emotional health of each party. The financial resources of the parties, including both marital and the nonmarital assets will be taken into account. The distribution of the liabilities of the marriage also must be considered when determining the ability to pay and the needs of the spouses.
Contact an Alimony Attorney in Orlando
Each divorce is individual in nature when dealing with alimony issues. These issues can be complicated and in some cases the results of the litigation can be quite surprising. It will be helpful to discuss with a divorce attorney whether the facts of your particular case warrant a request for alimony payments, whether rehabilitative or permanent in nature. Contact an Alimony Attorney in Orlando today to discuss your case details with a knowledgeable attorney.
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