Although not all states have alimony laws, Florida does, and you may find yourself subject to them. In the past, the former husband paid support to the former wife in almost all cases. Nowadays, as women have increasingly become financially independent, sometimes the court orders the wife to support the husband. At The Law Office of A. Sam Jubran, P.A., an experienced Jacksonville spousal support lawyer can help answer your questions.
Also known as alimony, spousal support is a court-ordered payment that one former spouse may have to pay to the other after their divorce. The reason for this is so that an unemployed spouse, or who earns less money than the other, won’t have to face unfair economic burdens after their marriage ends.
In the state of Florida, the court considers the topic of alimony only after distributing a couple’s liabilities and assets in the way it deems fairest. The court then looks at each spouse’s finances to see whether or not one should pay alimony to the other, in order to preserve that spouse’s economic stability. The court may determine that no alimony should be paid to either spouse. However, if they do determine that one of the spouses deserves spousal support, the next step is to determine how much the supporting spouse should pay the other each month.
You and your spouse can also sit down together and agree on the amount of alimony owed, as well as who pays it. This can happen if your divorce is amicable, or if you and your spouse otherwise agree on the other terms of your divorce. If you arrange suitable support this way, you must present it to the court. The judge must agree so that it becomes a part of their official court order.
The factors a Florida court may take into consideration to decide who owes alimony to whom, and how much, include:
While Florida is a no-fault divorce state, the court will also factor significant spousal fault (such as infidelity or abuse) into the equation.
Florida courts may award one of several different kinds of alimony, based on your circumstances, including:
There are no specific formulas for determining the amount of spousal support, so spousal support calculators aren’t accurate. A spousal support lawyer can the review needs of each spouse and their ability to pay.
High value divorces can be particularly complex when determining the amount of alimony. But there is no calculator that can determine exactly what will be awarded.
The court will not award spousal support if it leaves the paying spouse with significantly less income than the person who is receiving alimony. When considering the need of the receiving spouse and the ability to pay of the other spouse, the court will use the following factors:
A spousal support lawyer can help you show the court that you need alimony or that you do not have the ability to pay. You may also need to submit information to support alimony amount.
If your alimony isn’t voluntary, then at some point you may face a situation in which your spouse refuses to pay. This is often difficult to enforce, but if it happens, you can file a court claim to force payment. This can be a costly process. But after the divorce itself, it may be the time you need legal help the most.
If you have permanent alimony that needs to be modified or a form of temporary alimony that should be transitioned into permanent alimony, a spousal support lawyer can help you pursue a modification order.
It’s common for financial situations to change. Your need may increase or the need of your ex may decrease, and your alimony should be adjusted to reflect this.
In this case, you need to submit a motion to the court to change your spousal support, which requires legal documents and a hearing in court. You will also likely have to face your ex in court. In some cases, you may be able to come to an agreement with your spouse and request an order from the court based on that agreement. However, if you and your ex do not agree, then you will have to ask the court to make a modification of your alimony.
Most alimony orders include specific indicators that will trigger termination of spousal support. However, there are situations where circumstances change and alimony should be terminated prior to the indicators noted in the order. In this situation, you should work with your spousal support lawyer to request a termination of spousal support.
Spousal support may be terminated when financial situations dramatically change. The person receiving alimony may have received a sum of money or the person paying may no longer have an ability to pay. The court will need to reconsider the need and ability to pay of both spouses.
If you have questions about spousal support, or your spouse owes you alimony, speak to a family law attorney. Call The Law Office of A. Sam Jubran, P.A. at (904)360-6100.