Fort Myers Alimony Lawyer
Trust your case to Your Advocates during divorce.
Spousal support, or alimony, is a legal obligation for one spouse to provide monetary assistance to the other more financially disadvantaged spouse. The state of Florida does not recognize common law marriage, so alimony only applies to a marriage legally acknowledged by the court.
If you are considering divorce and want to understand how alimony may factor into your situation, let a Fort Myers divorce attorney from our firm help. The dedicated legal team at Powell, Jackman, Stevens & Ricciardi, P.A. is both compassionate in our interactions with clients and aggressive in protecting their rights.
Types of Alimony in Florida
In order for a case for alimony to be successful, the requesting spouse must have a legitimate need for financial support and the other spouse must have the ability to pay the alimony. If that fact can be fully demonstrated, a family law court will determine the type of alimony most fitting for the situation.
These types include:
- Permanent periodic alimony
- Lump sum alimony
- Rehabilitation alimony
- Bridge-the-gap alimony
In permanent alimony, payments continue until the death of either person or until the recipient remarries or, in some circumstances, cohabitates. Permanent alimony is usually granted in a marriage of 17 years or more where there is income inequality. For marriages under 17 years, alimony awards vary depending on the circumstances of each case. Lump sum alimony is paid to the recipient all at once but is only granted when ongoing payments are not realistic.
Rehabilitation alimony is given to the receiving spouse for a limited time to allow him or her the ability to train, get a job and become self-supporting. It is most frequently awarded to a spouse who has been the primary caretaker for children and needs time and education in order to become employable. In bridge-the-gap alimony, one spouse is given assistance in the short term to help him or her find a job, move to a new home, or cover other divorce-related debts.
How will the type of alimony be determined by the court?
When making a decision regarding alimony, the court will take several different factors into consideration—including need and ability to pay. If there is a need for alimony, the court will first need to determine whether or not the other spouse has the ability to pay it.
When deciding what type of alimony to award, and for how long, the court will consider the following factors:
- The standard of living that was established during the marriage
- The age and physical and emotional condition of each spouse
- The financial resources of the spouse seeking alimony, including separate property
- Each spouse's earning capacity, employability, vocational skills, etc.
- The length of the marriage
- Each spouse's contribution to the marriage (i.e. homemaking, child care)
- The role each spouse will have in caring for any shared children
In total, there are 21 factors that the court will take into consideration when making a determination about alimony. For this reason, it is highly recommended that you discuss the specific nature of your case with a qualified lawyer in Fort Myers, FL. At Your Advocates, we can work with you to build a personalized and effective case.
Don't wait – get the help you need today!
Divorce or dissolution of marriage is not an easy process. It is emotionally draining and time consuming for the spouses and their families. Let a trusted lawyer in Fort Myers help ease the burden by providing excellent legal advice and the most compassionate service. We will not rest until your case is resolved, and our team is exceptionally skilled in matters surrounding spousal support.
Contact our Fort Myers alimony attorneys right away to get started. ¡El abogado habla español!