Alimony

In Florida, a spouse can be granted alimony during a divorce. Alimony is made up of payments for the maintenance and support of a spouse or former spouse. It can be awarded for different reasons, including for the purpose of getting a spouse to a position in which they are able to earn an income and handle their needs without assistance. Alimony may be awarded as a lump sum or in periodic payments. If you are concerned about alimony in an impending divorce, it is important to consult a Volusia County alimony lawyer. At the Law Office of Genine Ann Mejia, we are ready to help you.

Alimony is not meant as any sort of punishment. Instead, it is awarded because the law recognizes that one spouse may have substantially more education, resources, or abilities than the other spouse. How long a marriage lasted will likely affect how much alimony a court may award during the dissolution of the marriage.

During the divorce proceedings, the court may award temporary alimony to get a spouse with insufficient resources through the divorce. It can be automatically terminated once the divorce is finalized. Sometimes the court awards alimony to help a spouse transition out of the marriage into life as a single individual. This type of alimony is enough to bridge the gap to life as a single person and can include money needed to pay foreseeable bills.

Rehabilitative alimony is alimony awarded to give a spouse time to pursue schooling or skill training in order to get a job that would allow them to support themselves. If rehabilitative alimony is awarded, there is a particular plan in place whereby the recipient spouse is planning to pursue a career that would require certain costs, and there is a period before which the recipient spouse may not have the income to be self-sufficient. After this award is made, and the divorce has gone through, either the recipient or the payer can petition for a modification of the order. An alimony attorney can assist Volusia County residents with this process.

Durational alimony is often awarded when a marriage was relatively short or on the shorter side. It may be awarded as a set sum to be paid over a particular period of time that cannot be longer than the marriage. If a couple getting divorced was married for two years, a durational alimony award will not be longer than two years. Either spouse can ask the court to modify the award after the divorce if there is a significant change in circumstances.

If a marriage was moderately long or very long, permanent alimony may be awarded. It is only awarded under rare circumstances when a marriage was short. Generally, a court looks at a couple’s lifestyle during the marriage, and permanent alimony is awarded if a recipient spouse is not able to get to the standard of living that was set within the marriage.

When there is a dispute between the spouses about whether alimony should be awarded and how much should be awarded, each spouse should retain a Volusia County alimony attorney to present their position. The court that is making a determination about alimony will consider various factors. Factors that may be considered include each spouse’s financial resources, each spouse’s income, each spouse’s earning ability and employability, any time that is needed for the recipient spouse to get educated or trained to obtain a job, the length of the marriage, the standard of living during the marriage, tax consequences, each spouse’s age, each spouse’s physical and emotional condition, each spouse’s marital contributions, and the responsibilities that each spouse will have for any minor children whom they share in common.

The court can also consider other factors, such as whether a spouse committed adultery or wasted marital assets on an extramarital affair.

If you are concerned about alimony in a divorce, it is important to select an experienced family law attorney. At the Law Office of Genine Ann Mejia, our principal is a skillful and compassionate alimony lawyer serving people throughout Volusia County. Our firm also represents clients in Flagler County. Call us at (386) 463-0849 or complete our online form.