Clearwater Alimony Lawyer
Alimony is an important, and often contested, part of many divorces. The higher earning spouse does not want to feel stuck paying the bills of the other for years on end when they are struggling to make ends meet themselves. On the other hand, the lower earning spouse may have foregone their own career and educational dreams in order to support the other. Even in today’s society, women are more likely give up their own career to support the husband and are more likely to give up their career during a move for the husband’s job, according to research reported on in Reuters. “Women are more likely to be the ‘trailing spouse’, following their husbands in a move for their promotion or raise, “according to researchers.
How Alimony is Determined in Florida
Under statute 61.08, alimony is awarded based on the following characteristics of the marriage and each spouse:
- Standard of living established during marriage;
- Length of marriage;
- Both the age, physical condition, and emotional condition of each spouse;
- Financial resources of each party, including both marital and nonmarital assets and debts distributed to each spouse;
- Earning capacity, vocational skills, education level, and employability of each spouse. In addition when applicable, the time needed for either spouse to gain education or vocational training to find suitable employment;
- Contributions made to the marriage by each spouse. These contributions include, though are not limited to, homemaking, education, child care, and career building for the other spouse;
- Custodial and support obligations and duties each spouse has to the minor children the couple has in common;
- Taxes for alimony award;
- All sources of income of each party, including investments and assets; and
- Other factors necessary for an equitable and just decision between the parties.
The Five Types of Alimony
There are five common types of alimony that a court may award in Florida, and they are based on the above factors, including the needs of the lower earning spouse:
- Permanent Alimony: The most rare type of alimony is permanent. Permanent alimony is awarded when the couple was together for a long time, when the lower earning spouse has a poor chance at ever becoming self-sufficient due to old age or disability, and/or when the income of the higher earning spouse is drastically higher of the other spouse, who has become accustomed to a certain lifestyle;
- Rehabilitative Alimony: For purposes of education, vocational training, or other employment purposes, the lower earning spouse may be awarded rehabilitative alimony;
- Bridge-the-Gap Alimony: Bridge-the-gap alimony provides finances for the lower earning spouse to transition from being married to single;
- Lump-Sum Alimony: One lump sum may be paid to the lower earning spouse, called lump-sum alimony; and
- Durational Alimony: Durational or temporary alimony is set at a specific number of months or years and terminated after that date has been reached.
Call Our Experienced Clearwater Alimony Lawyers
Alimony can be a difficult subject to broach with the other spouse, particularly when there has been monetary disagreements throughout the marriage. However, when one spouse is the primary earner, and the other spouse is the primary homemaker, caretaker of the children, and/or the career builder of the other, alimony is certainly relevant in the divorce conversation. Primary earners must also be protected with legal assistance in order to keep extreme alimony judgements from economically crippling their lives for years to come. Whether you are the higher or lower earning spouse, you need to contact the Clearwater alimony lawyers of Cairns Law, P.A. at 727-683-1472 today.
