Miami Spousal Support Lawyer Working To Get You The Alimony You Deserve

Last updated on December 13, 2024

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. Attorney Katz at The Law Offices of Lawrence S. Katz, P.A., will work to get you the maximum alimony available in your situation.

What Types Of Alimony Are Available?

Florida law no longer allows for permanent alimony after a divorce. Instead, spousal support is granted in one of these three categories:

• Durational alimony – This type of alimony is granted for a term, which is a percentage of the length of the marriage: 75% for marriages of more than 20 years, 60% for those of 10 to 20 years and 50% for those of 3 to 10 years. (Marriages of less than three years do not qualify.) The award cannot exceed the lesser of the recipient spouse’s reasonable need or 35% of the difference between the spouses’ net incomes. The term may be extended upon a showing of factors that limit the recipient’s ability to become self-supporting.
• Rehabilitative alimony – This type of alimony is paid for a limited time, not to exceed five years. It is meant to allow you to attain financial independence. You must show how you plan to do so, such as by going to school or getting job training.
• Bridge-the-gap alimony – This type of alimony helps you transition from being married to being single and may include funds for obtaining a vehicle or housing.

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, attorney Katz will seek the type of alimony arrangement that best serves your needs.

How Is Eligibility For Alimony Decided?

Alimony may be awarded to either spouse. The requesting spouse must demonstrate 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:

• The length of the marriage
• The standard of living established during the marriage and the anticipated needs and necessities of life for each spouse after the divorce
• The age and mental, physical and emotional condition of both spouses, including any disabilities, and whether they are permanent or temporary
• The resources and income of each spouse from both marital and nonmarital assets
• Earning capacities, educational levels, vocational skills and employability of the spouses, including the ability of the recipient spouse to obtain the necessary skills or education to contribute to his or her support
• The spouses’ contributions to the marriage, including homemaking, child-rearing and the education and career-building of the other spouse
• The responsibilities of each spouse for rearing the children they have in common, with special consideration given to children with mental or physical disabilities
• Any other factor found to be necessary for equity and justice between the spouses.

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.

How Is The Amount Of Alimony Calculated?

The amount of durational alimony is the lesser of (1) the recipient spouse’s reasonable need or (2) an amount not exceeding 35% 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 the wife has a net income of $20,000, the wife’s award would at most be 35% of the $60,000 difference, which comes to $21,000.

Can My Alimony Award Be Modified Or Terminated?

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:

• Involuntarily loss of the paying spouse’s job
• Inability of the paying spouse to work because of illness or disability
• A significant decrease in the income of the paying spouse
• Increase in income or a new job for the receiving spouse
• Child custody, time-sharing and support modification that causes a significant change to the finances of the paying spouse

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 to show that the relationship does not constitute a substantial financial change.

Whether you need to make or oppose a change in alimony, attorney Katz will make the strongest available case on your behalf.

Is Alimony Taxable In The State Of Florida?

The tax implications of alimony have evolved significantly following recent federal tax law changes. Taxpayers can no longer deduct alimony payments, and those payments are no longer considered taxable income for the recipient, unless their agreement was executed before the changes went into effect. This shift places a new financial perspective on how alimony impacts both parties. Attorney Katz can provide guidance on how these changes may affect your individual situation and help you plan accordingly.

Can A Working Ex-Spouse Receive Spousal Support?

Yes, a working ex-spouse can still be eligible for spousal support in Florida if the circumstances justify the award. Key factors include the disparity in earnings, the standard of living established during the marriage and how long the marriage lasted. The court assesses whether the working spouse’s income is sufficient to maintain the standard of living they were accustomed to during the marriage.

Do I Have To Pay Both Spousal Support And Child Support In Miami?

In Miami, it is not uncommon for a divorce decree to include provisions for both spousal support and child support. Each type of support serves a different purpose and is calculated based on specific guidelines and factors. Spousal support is intended to help a lower-earning spouse maintain financial stability, while child support covers the costs associated with raising children.

Can Spouses Convicted Of Domestic Violence Receive Alimony Support?

Florida law considers the circumstances surrounding domestic violence when determining alimony. If a spouse has been convicted of domestic violence, it significantly impacts their eligibility to receive spousal support. The court typically views the perpetrator’s actions as a factor that could disqualify them from receiving alimony. Such an approach prioritizes the victim’s safety and well-being.

Contact An Experienced Alimony Attorney To Protect Your Rights

The Law Offices of Lawrence S. Katz, P.A., in Miami assists Florida divorcees in alimony disputes. Attorney Lawrence Katz will fight to get you the alimony to which you are entitled or to limit your alimony obligation. Call 786-304-1180 or contact him online. Se habla español.