Alimony In Initial Divorce Proceedings
Every case is different and requires skilled advocacy by an experienced Fort Lauderdale alimony lawyer. Attorney Rebekah Brown-Wiseman constantly keeps up to date with new alimony laws. 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.
Requirements For Need And Ability For A Designation Of Alimony
Florida law is clear that alimony can only be granted if there is a need from the proposed payee spouse for spousal support and also an ability to pay on behalf of the proposed payer spouse. If the proposed payee spouse is capable of self-support either through working or other methods of income such as income producing assets then alimony should not be granted regardless of the proposed payer spouse’s ability to pay alimony. On the other hand, if there is a need of the proposed payee spouse but the proposed payer spouse does not have the financial ability to pay alimony, then alimony should not be granted.
Attorney Rebekah Brown-Wiseman works with vocational evaluation experts to evaluate a proposed payee spouse’s ability to earn an income regardless of whether the proposed payee spouse is currently working. Lawyer Brown-Wiseman has a paralegal with over 20 years of experience and often works with forensic accountants to determine an accurate level of the parties’ need and ability to pay.
Types Of Alimony In Florida
There are five basic types of alimony in divorce cases:
- Permanent alimony: Financial support until the payee’s death, remarriage or entry into a supportive relationship with a nonrelative
- Durational alimony: Financial support for a limited designated period of time
- Rehabilitative alimony: Financial support for a payee spouse to acquire or update his or her education, training and skills to become self-supportive
- Bridge-the-gap alimony: Short-term alimony not to exceed two years for legitimate identifiable short-term needs to make the transition from being married to single
- Lump sum alimony: A single payment for alimony to cut ties between the parties in high-conflict cases or where the payer spouse has life-threatening health issues
Importance Of The Length Of The Marriage For Alimony Consideration
The length of the marriage is an important factor in determining alimony. Florida statute has designated a marriage of 17 years or more as a long-term marriage; a marriage of less than 17 years but more than seven years as a modern-term marriage; and a marriage of less than seven years as a short-term marriage.
Permanent alimony, when granted, is generally awarded in long-term marriages; whereas permanent alimony is typically only granted in short- or moderate-term marriages if there are exceptional circumstances. Durational alimony provides a party with economic assistance for a set period of time following a marriage of short or moderate duration, or following a marriage of long duration if there is no ongoing need for support on a permanent basis.
Contact A Fort Lauderdale 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 Broward and Palm Beach counties. The Fort Lauderdale law office also handles modification and termination of alimony for post-divorce cases. Contact us to schedule an initial consultation.