Fort Lauderdale Alimony Lawyer

Alimony in Initial Divorce Proceedings

Every case is different and requires skilled advocacy by an experienced Fort Lauderdale alimony lawyer.  Attorney Brown-Wiseman constantly keeps up to date with new alimony legislature.  Once a bill is passed, the Fort Lauderdale attorney strategizes the litigation for your case even before the statute becomes effective.

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 family law case.

Types of Alimony in Florida - NEW LAWS 2011

Until recently, courts were given discretion in determining what constituted a "long-term" marriage, mainly used for purposes of awarding permanent alimony. However, the Florida legislature has now provided presumptive statutory guidelines:

• Long-term marriage: 17 years or more
• Moderate-term marriage: Less than 17 years but more than 7 years
• Short-term marriage: Less than 7 years

There are five main types of alimony in divorce cases:

• Permanent alimony: generally awarded in long-term marriages with limited exceptions
• Durational alimony: temporary financial assistance generally following a short or moderate-term marriage
• Rehabilitative alimony: gives a party the opportunity to acquire or update his or her education, training and skills to become self-supportive
• Bridge-the-gap alimony: allows a party to make the transition from being married to single; assists party with legitimate identifiable short-term needs; and cannot exceed two years
• Lump sum alimony: can be beneficial in certain cases especially for high-conflict cases to cut ties between the parties or where the paying spouse has life-threatening health issues.

Florida Alimony / Spousal Maintenance Statutory Factors

Florida Statute lays out factors that help determine the type and amount of alimony awarded or whether alimony should be awarded at all. 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 determining a proper award of alimony in your divorce, the Florida court shall consider all relevant 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, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, 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) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j) Any other factor necessary to do equity and justice between the parties.

Contact a Broward County Spousal Support Attorney

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 can be denied as a matter of law. The Law Office of Rebekah Brown-Wiseman, P.A. located in Fort Lauderdale, Florida, handles cases in both Palm Beach and Broward counties. The Fort Lauderdale law office also handles modification and termination of alimony for post-divorce cases.  Contact us to schedule a free initial consultation.