Florida Alimony Lawyer
Fort Lauderdale and Pembroke Pines Spousal Support Attorney
A family court judge in Florida can award spousal support or alimony when one of the parties has a need and the other has an ability to pay according to Florida law. Pembroke Pines, Florida, alimony attorney Jerome Ventura is highly experienced in negotiating and litigating alimony agreements, in enforcing these agreements, and in seeking alimony changes based on a change in circumstances.
Different types of alimony may be awarded in Florida, depending on the situation:
- Temporary alimony: Temporary alimony is paid during the time the divorce is pending and is based on the needs of one party and the other party's ability to pay.
- Rehabilitative alimony: Rehabilitative alimony is typically paid when there is a disparity in income and one of the parties gave up an opportunity to advance his or her economic situation by supporting the career of the other party or to enable one to increase earning potential. The party receiving alimony must have a rehabilitative plan, such as going back to school or getting additional training.
- Bridge-the-gap alimony: The purpose of bridge-the-gap alimony is to assist in transition from married to single life, which usually may not exceed two years.
- Durational alimony: When an individual is ineligible for permanent alimony, durational alimony may be awarded for a set period of time in order to provide necessary economic assistance. Generally, durational alimony is awarded for marriages between seven to 17 years, and typically will last no longer than the length of the marriage. The need and ability to pay factors must also be present.
- Permanent alimony: To receive permanent alimony, there must be a disparity of income, a sufficient length of marriage or an unusual circumstance such as a health issue that would preclude the person's ability to support themselves in a similar style to which they had become accustomed. Need and ability to pay are also factors.
- Nominal alimony: When an individual is entitled to a form of alimony, but the other party does not have the ability to provide support, nominal alimony can be awarded, providing opportunity for modification should the payor become eligible to provide the full amount of support in the future.
- Lump sum alimony: The parties may agree to a lump sum settlement of all future alimony through a full distribution of funds or in the equitable distribution of property through additional allocation of the equivalent amount of property or assets.
Temporary, rehabilitative, bridge-the-gap and durational alimony are designed to terminate after a period of time. Permanent alimony will continue until the party receiving it remarries or dies. Permanent alimony is modifiable if there is a change in the financial circumstances of either party unless otherwise agreed to be non-modifiable.
Many factors can affect whether alimony is awarded in Florida, and how much is awarded. One of those factors is the amount of child support payments that a parent is required to pay. The two parties can also agree in a negotiated divorce agreement to give one party a higher split in the marital assets in lieu of alimony/spousal support.
Alimony is usually tax deductible for the person paying it and is taxable income for the person receiving it. This can be modified by agreement.
Contact Our Florida Alimony Attorney
Pembroke Pines spousal support lawyer Jerome Ventura is ready and able to litigate your alimony issue or help you seek a mediated solution. For an initial limited consultation at no charge, call 954.438.2828 or contact our family law firm online to arrange a consultation. Evening appointments are available.
To help us better understand your alimony case, please complete our Family Law Intake Form prior to your first visit.