Financial uncertainty can be a by-product of divorce, especially in situations where one spouse was financially reliant upon the other throughout their marriage. In Palm Beach County, spousal support or alimony is commonly a very contentious area of divorce litigation. Based on this fact, consulting with a knowledgeable Divorce spousal support palm beach before you begin your divorce case can help you understand your entitlements, protect your financial interests and fight for a fair outcome under Florida law.
Florida courts will consider a multitude of variables when determining whether or not to award spousal support for each particular case. As such, spousal support cases are generally very fact dependent. Regardless of whether you are requesting spousal support or defending against an unreasonable request for spousal support, having a highly-skilled attorney who can guide you through this process is essential.
What Is Spousal Support in Florida?
In Florida, spousal support is defined as a court-ordered monetary payment from one spouse to another in a dissolution of marriage. Spousal support is intended to alleviate the financial burden experienced by a spouse who earns significantly less money than his or her separating spouse and to provide that spouse with a more stable transition into life after divorce. Spousal support is not awarded automatically. Therefore, it is up to the trial court to determine if there is a need for spousal support based on the parties' circumstances at the time of separation and/or the trial. If the court determines that spousal support is appropriate, it will then determine what type of support should be provided and the amount of support that is warranted.
Different Types of Spousal Support in Divorce Cases Near Palm Beach
Florida courts recognize a number of different types of alimony that can be awarded to a party in a divorce case. Depending on the circumstances, one or more types may be awarded:
1. Temporary Support
Temporary alimony may be awarded during the length of the divorce proceeding, to assist one spouse in maintaining his/her financial stability until the final judgment has been issued.
2. Bridge-the-Gap Support
This type of short-term support is intended to help a spouse transition from being married to becoming financially independent, typically covering basic, immediate needs.
3. Rehabilitative Support
Rehabilitative support is intended to assist a spouse in achieving self-sufficiency through education, job training, and/or career development.
4. Durational Support
Durational support allows for financial assistance for a set period of time following the divorce and is typically used for moderate to long term marriages.
Each of these supports has a different purpose, and a Divorce Spousal Support Palm Beach attorney can help you determine which may be applicable to your circumstances.
How Florida Courts Determine Alimony Awards
When deciding if spousal support is warranted and how much should be awarded, Palm Beach County Courts utilize statutory factors, including:
Length of marriage
Standard of living established during the marriage
Age and health status of each party
Financial means and ability to earn income for both parties
Contributions towards the growth of the marriage, such as being a stay-at-home parent.
Education and ability to earn an income.
Childcare responsibilities of both parties.
Financial obligations and needs of both parties.
Judges consider all factors when making decisions – there is not one factor that determines whether or not spousal support will be granted. Additionally, all of the circumstances are weighed by the Judge to reach a fair and equitable decision.
Financial and Income Disclosure for Alimony Cases
Accurate financial disclosure is one of the most important elements in any case for alimony. Each party must provide detailed information about their income, assets, debts, and expenses.
Common sources of income that Courts will review include:
Wages and salary from employment.
Business income.
Investment income, including dividends.
Rental income.
Retirement accounts.
Bonuses/commissions.
Disputes arise when one spouse owns or works for their own company, making it more difficult to determine income because the self-employed person's income cannot be verified in the same manner as the other spouse's income, and may require forensic financial analysis in these situations.
Modifying spousal support is permissible.
In Florida, a spouse has the right to modify spousal support based on substantial, material, and permanent changes in conditions. Examples of these include:
Job loss or decrease in salary
Disability or medical condition
Retirement
Large increase in income for either party
Change in amount needed to support himself/herself.
Informal agreements made between spouses regarding spousal support do not have any legal validity unless they are approved by the court. A formal petition to modify will be needed to change a current order.
Enforcement of Spousal Support Orders.
When a spouse does not pay court ordered alimony, action to enforce the order may be necessary. Florida Courts treat the non-payment of spousal support very seriously and can impose a number of penalties including:
Withholding wages.
Finding the spouse in contempt of court.
Revoking or suspending the spouses' licenses.
Seizing assets from the spouse.
Interception of tax refunds.
By working with a qualified attorney, you can enforce your court orders and obtain your spousal support.
Common Disputes About Spousal Support In Palm Beach Divorce Cases
Spousal support is often a topic of dispute due to disagreements about:
Spousal's actual income
Spousal's business profits or hidden income
Spousal's lifestyle while married
How long the spouses were married
Ability to support themselves after divorce
Claims of voluntarily not working
There are many issues that can cause disputes over spousal support, so there often must be strong documents and legal representation when there is a spousal support dispute.
Why You Should Hire a Spousal Support Divorce Attorney in Palm Beach
Decisions made regarding spousal support can have a long-term financial effect on both parties. When you are requesting spousal support, or challenging a claim for spousal support, having legal representation can have a dramatic effect upon the outcome of your case.
An experienced spousal support attorney can:
Thoroughly analyze the financial records and sources of income.
Present relevant evidence to a court.
Negotiate a reasonable settlement at the mediation stage.
Represent you in mediation.
Protect you from unreasonable or excessive spousal support claims.
Pursue or defend against a request for modification.
Enforce an existing court' order regarding spousal support.
A proper legal strategy for spousal support will help protect your financial future through and after the divorce.
Experienced Legal Representation for Divorce and Spousal Support in Palm Beach County
When it comes to complex divorce matters such as spousal support, having an experienced attorney can greatly impact how your case is handled. Given the nature of these financial disagreements, there are multiple factors that come into play when determining what is a fair and just outcome based on law, procedure, and how much you make.
Grant J. Gisondo has successfully represented numerous clients for divorce and spousal support issues within Palm Beach County. His primary focus is on helping people navigate high-conflict and complicated financial matters to achieve fair results.
Final Thoughts
Divorce with a request for Spousal support attorney palm beach is an emotionally and financially taxing experience. In order to protect your rights you must have a solid understanding of Florida's laws related to alimony and how courts look at alimony cases.
An experienced Divorce spousal support Palm Beach Center lawyer will assist you with the legal process whether you are pursuing spousal support, defending against spousal support, or requesting modification of an existing support order. With effective legal representation you can move forward with a higher degree of financial certainty and confidence in your future.
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