In Orange County, Florida, as throughout the country, divorce is rarely easy or painless, but with strong legal guidance and representation, you can go through the process with dignity and without feeling that you have been taken advantage of. One of the sticking points in divorce negotiations is often alimony, also known as spousal support.
At Orlando Family Team, our Orange County alimony attorneys have an in-depth understanding of this issue. We also have empathy for you whether you are a spouse who reasonably deserves temporary or permanent financial support from your ex-spouse or a spouse who is being played by a greedy former marital partner.
Contact us now for a meaningful discussion of your best legal options. We are well aware of the difficulties involved, especially if you have children. Once you contact us, you will quickly find that we have the negotiation strategies and litigation skills to bring your case to a successful outcome with as little turmoil as possible.
Determining the Necessity for and Amount of Alimony in Orange County
Though at Orlando Family Team, we try to settle alimony disputes through out-of-court negotiations, we are always prepared to go to trial. If your case does have to be argued in court, the judge will weigh many factors in an effort to make a fair judgment regarding the need for spousal support, including:
- The couple’s standard of living during the marriage
- The duration of the marriage and the age of each spouse
- The earning power of the spouse seeking alimony
- The paying spouse’s ability to pay spousal support
- One party’s previous financial support of the other’s education or training
- Discrepancy between the spouses’ incomes
- The financial resources (income and assets) of each spouse
- Each spouse’s economic and non-economic contributions during the marriage
- The parenting and time-sharing plan, if applicable
- Whether one party is receiving child support and how much
- One spouse’s need for additional education or training to secure employment
- The mental, physical, and emotional health of each spouse
Only in cases of a long-term marriage (more than 17 years) or, in some cases, a permanent disability of one spouse is a Florida court likely to order permanent lifetime alimony for one of the spouses. Whenever alimony is awarded, its underlying purpose is to prevent the divorce from resulting in one spouse’s need for governmental financial assistance, e.g. food stamps or Florida Temporary Assistance for Needy Families (TANF).
Types of Alimony Available
Among the types of spousal support available in Florida are:
- Temporary alimony: This is designed to provide support to one spouse during the divorce proceedings. It will no longer be required once the divorce is finalized. However, in some cases, it will be supplanted by spousal support agreed to in the divorce decree.
- Rehabilitative alimony: This provides the receiving spouse with support while they earn a college degree or attend a vocational school or training program. It is meant to last long enough for the receiving spouse to obtain the credentials to be gainfully employed and self-supporting after, for example, having spent years working as a homemaker without pay during the marriage.
- Bridge-the-gap alimony: This is also meant to be temporary (usually continuing for a maximum of two years) until the receiving spouse accomplishes greater independence by, for example, being able to buy a car or find a new place to live.
- Durational alimony: This is awarded when neither rehabilitative nor bridge-the-gap alimony is sufficient to meet the receiving spouse’s needs. Though typically longer than the other kinds of maintenance mentioned, durational alimony is capped at the number of years the marriage lasted.
- Permanent alimony: This is almost always reserved for situations in which the marriage was long-term, lasting for at least 17 years. Permanent alimony lasts until [1] either spouse dies [2] the receiving spouse remarries or [3] the receiving spouse forms a supportive relationship of cohabitation as defined by Florida law.
What Qualifies You For Alimony In FL?
In Florida, the following factors are considered in determining whether one spouse qualifies for alimony:
- Need – One spouse must demonstrate financial need for support, while the other has the ability to pay.
- Marriage duration – Courts look at the length of the marriage. Longer marriages increase chances of alimony.
- Standard of living – Alimony aims to maintain the standard of living enjoyed during marriage.
- Contributions – Spouses who supported the family without income may qualify.
- Employability – If one spouse sacrificed career for the marriage, alimony can help bridge the gap.
- Health issues – Illness, disability, or advanced age may affect one spouse’s ability to be self-supporting.
- Parenting duties – Custodial parents focused on raising children may qualify for alimony.
- Education/training – One spouse financing the other’s education can be a consideration.
- Domestic violence – Courts may order support for domestic violence survivors.
An experienced family law attorney can assess the specific circumstances to determine alimony eligibility. But in general, need and inability to be self-supporting are key qualifiers.
Does Length Of Marriage Affect Alimony In Florida?
Yes, the length of the marriage is a key factor Florida courts consider in both awarding alimony and determining the duration of alimony payments. Some guidelines in Florida law include:
- Short-term marriage (under 7 years) – Less likely to result in alimony obligation. More likely to be rehabilitative or bridge-the-gap alimony.
- Moderate-term marriage (7-16 years) – Greater chance of alimony, but likely durational rather than permanent.
- Long-term marriage (over 17 years) – Creates presumption that permanent alimony is appropriate.
- Very long-term marriage (over 20+ years) – Almost certainly will involve permanent alimony if the other spouse qualifies financially.
So in short, the longer the marriage lasted, the more likely alimony will be awarded and the greater chance it will be permanent in nature rather than short-term. The length provides insight into both need and the parties’ expectations after divorce.
Contact Our Experienced Orange County Alimony Attorneys Today
Orlando Family Team is dedicated to helping families survive divorce and thrive in its aftermath. When you get in touch with one of our well-informed, empathic attorneys, you will know that you have come to the right place.
We have extensive experience working with all sorts of couples on alimony and other complex divorce issues. Whether you have a moderate income or high net worth, are gay or straight, young or of retirement age, childless or part of a blended family, we are here to help. Contact us now so we can begin smoothing your path.
