Establishing Alimony / Spousal Support
In a proceeding for a divorce, the court may grant alimony to either party, which may be rehabilitative or permanent in nature. In an award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution of marriage actions, the court shall include findings of fact relative to the factors enumerated below in determining an award or denial of alimony.
There are five main types of alimony in divorce cases: permanent, rehabilitative, bridge-the-gap, temporary and lump sum alimony. Contact the Law Office of Rebekah Brown-Wiseman, P.A. in Fort Lauderdale, Florida to determine which type of alimony, if any, is appropriate for your particular case.
In determining a proper award of alimony in your divorce, the Florida court shall consider all relevant economic factors, including but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.
(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(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) All sources of income available to either party.
(h) The court may also consider any other factor necessary to do equity and justice between the parties. Florida Statute §61.08.
Requesting or defending a claim of alimony in a divorce proceeding can be a detailed process and specific steps are required in Florida for requesting different types of alimony. If specific procedures are not followed, a request for alimony in Florida may be denied. The Law Office of Rebekah Brown-Wiseman, P.A. located in Fort Lauderdale, Florida handles cases in both Palm Beach County and Broward County, Florida. The firm is familiar with the requirements for alimony in divorce matters and will protect your interests in mediation and if necessary in trial.
Modification / Termination of Alimony
A new ground for termination of alimony was recently enacted by the Florida legislature that allows a court to reduce or terminate alimony, without first having to find that there has been a change in financial circumstances, as is the case in previous law. With this change, judges in Broward County and Palm Beach County, Florida can modify alimony in post-dissolution of marriage (post-divorce) cases if it makes a specific written finding that the spouse receiving alimony has entered into a "supportive relationship" with another person. This change in the law has far reaching effects. The recipient spouse's alimony can be modified whether they are receiving financial support or providing financial support in their new relationship.
Alimony can now be terminated without a change in financial
circumstances and without the remarriage of the recipient spouse.
Judges in Fort Lauderdale, Delray and West Palm Beach, Florida are directed through the Florida legislature to recognize that relationships do exist that provide economic support equivalent to a marriage and that alimony terminable on remarriage may be reduced or terminated upon the establishment of equivalent equitable circumstances. You may no longer be required to pay alimony at all.
Contact divorce attorney, Rebekah Brown-Wiseman to discuss the nature and extent of the relationship in question and determine whether a "supportive relationship" exists to merit a modification of alimony.
If you are divorced and desire a modification or termination of alimony, contact the Fort Lauderdale Law Office of Rebekah Brown-Wiseman, P.A. to discuss your alimony issues, determine whether a change in financial circumstances occurred, determine whether a "supportive relationship" exists and if applicable file for a modification / termination of your alimony.
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Law Office of Rebekah Brown-Wiseman, P.A.
Telephone: 954-854-0104
Fax: 954-563-1749
E-mail Rebekah Brown-Wiseman
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2701 E. Oakland Park Blvd, Suite A
Fort Lauderdale, Florida 33306
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