Alimony

Elizee Law Firm is a law firm located in Brickell in Miami, Florida. The firm handles all family law issues in Miami-Dade and Broward counties. Our Family Lawyers can represent you in your pending divorce, dependency, domestic violence, or paternity case. 

 

In Florida, the Family Law Judge may award alimony to either party in a divorce. There are different types of alimony in Florida: be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. The Judge may award periodic payments, a lump sum payment, or both. In awarding alimony, the judge may award the adultery of either spouse and the circumstances of the parties’ separation.

 

Before being able to award alimony to a party, the Family Law Judge must make a specific factual determination that the payee has a need for support and the payer has the ability to pay that support. In deciding what type of alimony to award, the Family Law Judge must consider the following factors:

(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.

 

When the court finds that it's necessary it may order any party who is ordered to pay alimony to purchase life insurance or a bond to secure the payment of alimony. There is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

 

Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either the redevelopment of previous skills or credentials; or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide 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. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.

 

Elizee Law Firm is a full service family law firm. Allow the firm to represent you and your family in your pending family law issue. Contact us today at (305) 371-8846 for more information.

 

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