Sarasota Alimony Attorney
Spousal support is an important component of an equitable property distribution.
Divorce is always a financial hardship for both parties. Additionally, in many situations, it could be a financial disaster for one party, especially a full-time caregiver who eschewed career advancement opportunities to accept that role. Alimony (spousal support) eases the financial pain and helps these individuals quickly attain economic self-sufficiency. In a few cases, alimony is a long-term solution that redistributes income between the spouses. More on that below.
Usually, the amount and duration of payments depend on the ability of the obligor (person paying alimony) to make payments, as well as the economic need of the obligee (person receiving spousal support). So, both spouses have important legal and financial rights in this area. However, these rights are just ink on paper unless a Sarasota alimony attorney from Carman, Bevington & Finegan, P.A. enforces them. An attorney analyzes your financial situation and, based on the facts, comes up with effective, long-term solutions that benefit you and your new family, now and in the future.
Setting Alimony
Until recently, Florida judges could set the amount and duration of payments at almost any level they desired. Now, judges must consider certain formulas when they set the amount and duration of payments, at least in most cases.
As mentioned above, the overall presumption remains in place. Alimony is only available if the obligor has the ability, not the willingness, to pay and the obligee has an economic need, not an economic want. The four types of alimony are:
- Temporary: Judges often award temporary alimony if a spouse with little or no means of support is blindsided by the other spouse’s divorce petition. Temporary alimony, which expires when the judge closes the case, helps obligees pay divorce-related bills, such as the cost of a Sarasota alimony attorney.
- Bridge-the-Gap: BTG alimony is basically temporary alimony that the judge extends for an additional two years. It’s appropriate in situations like an obligee who must take a low-paying job to transition back into the workforce, finish a degree plan, and otherwise transition to single life.
- Rehabilitative: BTG alimony helps a person transition to head of household. Rehabilitative alimony funds a specific plan to achieve financial independence. The obligee must submit a written rehabilitation plan (which cannot exceed five years), the obligor’s lawyer may object to the plan, and the judge gives a thumbs up or thumbs down.
- Durational: This form of income-redistribution alimony is available in extreme ability/need cases and if the marriage lasted at least three years. The amount of durational alimony, and all other kinds of alimony, is capped at 35% of the difference between the obligor and obligee’s income. The duration of durational alimony payments is tied to the length of the marriage and is capped at ten years.
To determine need and ability, relevant factors include the standard of living during the marriage, noneconomic contributions to the marriage, relative earning ability of each spouse, and child custody orders.
Modifying Alimony
The initial order is based on a snapshot of the parties’ financial circumstances at the time. Financial circumstances change frequently. If they change substantially, permanently, and unexpectedly, a judge may modify the amount and/or duration of payments.
As a rule of thumb, a 10% income increase, or decrease is a substantial financial change. That change is permanent if the moving party can show about a three- or four-month trend of higher or lower income. The obligor’s retirement usually isn’t grounds for modification. This change is not unexpected.
Emotional circumstances, specifically the obligee’s remarriage, could come into pay as well. Legal remarriage terminates alimony as a matter of law. The judge could also modify or terminate payments if the obligee has a marriage-like relationship with another person. Factors to consider include the length of that relationship, cohabitation (if any), and major joint purchases.
Usually, motions to increase the amount of payments are retroactive to the date of filing. Motions to reduce alimony usually aren’t retroactive.
Contact a Dedicated Sarasota County Attorney
Divorce and family law matters involve emotional and financial issues. For a confidential consultation with an experienced alimony attorney in Sarasota, contact Carman, Bevington & Finegan, P.A. We routinely handle matters throughout the Sunshine State.