Seminole Alimony Attorney
The issue of alimony is present in one way or another in just about every divorce. The issue can be settled by the parties through mutual agreement, or they may have decided the matter years before through a prenuptial or postnuptial agreement. If the issue of alimony was never agreed upon beforehand, it is sure to come up in court as a litigated matter. One party will ask the judge to order alimony, and the other party will oppose it. How a judge finally decides will depend on many factors, including the requesting party’s need to receive alimony, the other party’s ability to pay, and all the relevant circumstances surrounding the divorce. Whether you are seeking or challenging alimony in your Pinellas County divorce, the family law attorneys at Reep Coleman & Stubbendorff are here to make sure you are treated fairly and that the judge receives the information he or she needs to make the right decision. Learn more below about the factors that can go into an alimony proceeding in your divorce case, and contact our experienced Seminole alimony attorney for practical advice and effective advocacy on your behalf.
Factors That Go Into Determining Alimony
Assuming the court is convinced that alimony is needed and the paying party can afford to pay it, the judge must still decide what kind of alimony award to make, including how much it should be and how long payments should be made. The court will look at ten different factors set out in the law to make this determination. As your alimony lawyer, firm partner Kevin F. Coleman and his team will develop the evidence and legal arguments needed to present a persuasive case that backs up your position in these areas. The factors considered by the court are:
- How long the marriage lasted
- Each party’s age, emotional condition, and physical health
- The standard of living that was established in the marriage
- Each party’s financial resources, including how the court divided up their marital and separate assets and debts
- Each party’s employability and earning capacity, considering their skills and education and how much time either might need to find suitable employment
- How much each party contributed to the marriage as a wage earner, homemaker, caretaker for the children, or one’s contribution to the advancement of the other’s education or career
- The timesharing schedule and parenting plan established for the couple’s minor children
- The tax treatment of an alimony award for both parties
- Each party’s income from all sources, including investment property
- Any other factor deemed necessary to do justice and equity between the parties
Different Kinds of Alimony
If the court decides that alimony is appropriate, the judge will still need to decide what type of alimony is most appropriate. Florida judges can award any combination of five different types of alimony, as discussed below:
Temporary (pendente lite) alimony. The court can order one of the parties to pay alimony to the other while the divorce is ongoing. Temporary alimony terminates when the divorce becomes final. At that point, the judge might also order one of the other forms of alimony to be paid post-divorce.
Bridge-the-gap alimony. If the requesting party demonstrates a need to receive monetary support to transition to financial independence and has identified legitimate short-term needs, the court can order alimony payments for up to two years to bridge the gap between married life and single life.
Rehabilitative alimony. If the requesting party’s path to independence requires acquiring or reacquiring professional credentials, skills or education, and the party has a definite plan that demonstrates what is needed, the court can order rehabilitative alimony to fund the party’s plan.
Permanent alimony. If the requesting party does not have the financial ability to meet the basic necessities of life according to the standard established in the marriage, and no other type of alimony seems reasonable and fair, the court can order alimony to be paid indefinitely or permanently. Permanent alimony is more likely if the marriage lasted 17 years or longer, although it can be awarded after marriages of shorter duration as well.
Durational alimony. If the requesting party needs financial help for a period of time but not permanently, the court can set alimony to be paid for a defined period of years.
Contact Reep Coleman & Stubbendorff Today
The alimony award can affect your finances and style of living for years to come after a divorce, and it can be a stressful time during the divorce worrying over how the alimony decision will come out. Reep Coleman & Stubbendorff can help ease your stress by working closely with you to understand your needs and goals and putting together a strong case toward those ends. Contact our experienced Seminole alimony attorney today.