Orlando Alimony Lawyer
Do You Need An Orlando Alimony Lawyer To Help With Your Divorce?
One very common issue that divorce attorneys in Orlando, FL deal with is that of alimony. Also referred to as spousal support, this issue arises most commonly when the parties to the divorce have been married for a term longer than seven years and where one of the parties earns substantially more than the other. An Orlando alimony lawyer familiar with alimony factors can explain whether your case could be an “alimony case”.
Currently, the state of Florida does not have specific alimony guidelines which means that the decision to award alimony, how long it will last, and what amount will be paid is completely at the discretion of the judge in your divorce case. For this reason, it is entirely possible for the same or similar case to go in front of two judges and end up with two completely different judgments as to alimony.
Florida statute section 61.08 is the section of Florida law that provides the types of spousal support that Orlando divorce judges can award and the factors that the judges must adhere to when considering these awards. The different types of support that courts can award are bridge-the-gap, rehabilitative, durational, or permanent alimony. Each alimony type has its own set of factors that your divorce attorney will compare to the facts of your case and argue to the court.
The first and most important question that your divorce lawyer will examine in any alimony analysis will be if the requesting spouse can show a need for alimony and then if it can be shown that the other spouse has the ability to pay support based on the standard of living established during the marriage.
If the answer to the two questions above is “yes” then the divorce court will consider the following factors as outlined in section 61.08 of the Florida Statute:
(a) The standard of living established during the marriage. (b) The duration of the marriage. (c) The age and the physical and emotional condition of each party. (d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each. (e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career-building of the other party. (g) The responsibilities each party will have with regard to any minor children they have in common. (h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment. (i) All sources of income available to either party, including income available to either party through investments of any asset held by that party. (j) Any other factor necessary to do equity and justice between the parties.