Orlando Alimony Attorneys
We represent people throughout the Orlando and Central Florida area in divorce cases with alimony issues. If you are involved in a divorce case that has alimony issues call us today to speak with an experienced Orlando alimony attorney. At the Wilson Law Firm, we work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.
Changes in Florida's Alimony Law as of July 1, 2023:
As of July 1, 2023, the alimony law in Florida has changed and permanent alimony can no longer be awarded by the Court in cases that are resolved after that date. The following information provides an overview of the current alimony law in Florida.
In some divorce cases, the Court may order one party to provide alimony (support) to the other party. There are several forms of alimony including bridge-the-gap, rehabilitative, durational or lump sum or any combination of these forms of alimony. It is important to note that the law does not favor the husband or the wife and that alimony may be ordered to either party in a divorce depending on the factors involved in the case. For more information on alimony speak with one of our Orlando alimony attorneys today.
Length of the Marriage:
When discussing the issue of alimony, the length of the marriage is an important factor in the determination of whether alimony will be awarded and for how long. There is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer.
Need and Ability to Pay:
In determining whether to award alimony or maintenance, the court shall first make a specific, factual determination as to whether the party seeking support, maintenance, or alimony has an actual need for it and whether the other party has the ability to pay support, maintenance, or alimony. The party seeking support, maintenance, or alimony has the burden of proving his or her need for support, maintenance, or alimony and the other party’s ability to pay support, maintenance, or alimony.
If the court finds that the party seeking support, maintenance, or alimony has a need for it and that the other party has the ability to pay support, maintenance, or alimony, then in determining the proper form or forms of support, maintenance, or alimony, or a deviation therefrom, the court shall consider all of the following relevant factors, including, but not limited to:
(a) The duration of the marriage.
(b) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
(c) The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.
(d) The resources and income of each party, including the income generated from both nonmarital and marital assets.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.
(h) Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in Florida Statute 61.14(1)(b) or a reasonable retirement as provided for in Florida Statute 61.14(1)(c)1.
For more information speak with a Orlando alimony attorney today.
Types of Alimony:
Bridge-the-gap alimony may be awarded to provide support to a party in making the transition from being married to being single. Bridge-the-gap alimony assists a party with legitimate identifiable short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the obligee. An award of bridge-the-gap alimony is not modifiable in amount or duration.
Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:
Durational alimony may be awarded to provide a party with economic assistance for a set period of time. An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with Florida law. Durational alimony may not be awarded following a marriage lasting less than 3 years. The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage except as set forth in this subsection.
An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary
Lump Sum Alimony:
In some cases, the Court may order lump-sum alimony which can be awarded out of the marital assets.
For more information speak with one of our Orlando alimony attorneys today.
Experienced Orlando Alimony Attorney:
Our attorneys have handled thousands of cases during their legal careers. We understand the legal issues involved in alimony, divorce and family law cases. Call us today to speak with an experienced alimony attorney and divorce lawyer about your situation.