Divorce can leave a person financially devastated, especially after a lengthy marriage. In Florida, you may be entitled to alimony — also known as spousal support — in certain circumstances. However, you must ask a judge to consider granting alimony and demonstrate your financial need, or you can lose your right to it. The Law Offices of Lawrence S. Katz, P.A. in Miami will work to get you the maximum alimony available in your situation.
Florida law no longer allows for permanent alimony after a divorce. Instead, spousal support is granted in one of these three categories:
The court may order a combination of these forms of alimony to better help the recipient spouse become self-supporting. It also may direct that payments be in a lump sum or in periodic payments. As your counsel, we will seek the type of alimony arrangement that best serves your needs.
Alimony may be awarded to either spouse. The requesting spouse has the burden of demonstrating his or her need and the other spouse’s ability to pay.
In determining the need for alimony, the courts must consider the following factors:
Either spouse’s adultery, and any resulting economic impact it has had on the spouses, may be considered in determining the amount of alimony awarded.
The amount of durational alimony is the lesser of (1) the recipient spouse’s reasonable need or (2) an amount not exceeding 35 percent of the difference between the net incomes of the spouses. Net income for each spouse is calculated by totaling actual and imputed gross income and then subtracting allowable deductions, according to the definitions set out in Florida Statutes § 61.30. As an example, if the husband has a net income of $80,000 and wife has a net income of $20,000, the wife’s award would at most be 35 percent of the $60,000 difference, which comes to $21,000.
Alimony may be modified if there is a substantial, material and permanent change that was unanticipated at the time of the original award. The following are examples of such changes:
In addition, a court must reduce or terminate alimony if it finds the recipient spouse is in a “supportive relationship” with another person (formerly known as cohabitation). The paying spouse has the burden of proving the relationship exists. Then the burden shifts to the recipient show the relationship does not constitute a substantial financial change.
Whether you need to make or oppose a change in alimony, we will make the strongest available case in your behalf.
The Law Offices of Lawrence S. Katz, P.A. in Miami assists Florida divorcees in alimony disputes. We will fight to get you the alimony to which you are entitled or to limit your alimony obligation. Call us at 305-670-8656 or contact us online. Se habla español.