Spousal Support

Receive fair and adequate financial support to rebuild your life after divorce.

Married couples have an obligation to be financially responsible to and for each other. However, even when the marriage has already lasted, the court may order continued spousal obligations to facilitate financial independence and self-sustenance following divorce.

Dealing with the effects of divorce is not something that you should face alone. When significant changes occur in your life, especially after marriage dissolution, it is critical to ensure reliable representation, so you can move forward with your post-marriage life financially secure.

Whether you have the legal right to receive support or are legally obligated to pay support after your divorce, Myrthil’s Law, P. A. is here to provide clarity and understanding. Our family law attorney is equipped with the right knowledge to help you handle the demands and unforeseen issues that could arise in a divorce situation.

Determining Spousal Support in Florida

Spousal support or alimony is the monetary payment made to one spouse after divorce. In most cases, the higher-earning individual is called on to support the lower-earning spouse.

However, this does not mean that spousal support is automatically granted. In Florida, the court will first assess whether one spouse can demonstrate the need for support from the other person—and if the other spouse has the ability to pay for alimony.

There is no calculation or rule on how spousal support will be determined. Still, the judges examine several factors to know whether the petitioner is eligible for spousal support, how much may be granted, and how long the payments are required. Some of the considerations are:

the length of the marriage;
the standard of living established during the marriage;
the age and medical condition of each party;
the marital and non-marital assets and liabilities distributed after divorce;
the educational levels, vocational skills, and the employability of both parties;
the earning capacities and financial resources available to either party; and
the financial responsibilities of each party concerning their minor children.

Types of Spousal Support

Under Florida divorce law, there are five types of spousal support, each determined by how long the payment will be received. The court may grant one or a combination of these types, which can be paid in one lump sum or periodically. These types of alimony are:

1. Permanent Spousal Support

As the name implies, permanent alimony continues until either death or remarriage of one party. This is usually granted to couples married for more than seven to 17 years.

2. Temporary Spousal Support

The Florida court recognizes the need for low-earning spouses to receive temporary support during the entire period of divorce proceedings. Hence, this alimony is only awarded after one spouse files a motion for divorce or legal separation and ends once the judge signs the final decree.

3. Durational Spousal Support

Durational alimony is awarded to couples married for less than seven years but not greater than 17 years or those in short-term to moderate-term marriages. This alimony is given for a certain period and should not exceed the length of the marriage. For instance, if a couple is married for five years, the payment for spousal support should not be given for more than five years.

4. Rehabilitative Spousal Support

There can be many reasons for the court to grant rehabilitative spousal support. A judge may order continuing support to be paid while one spouse locates a full-time job or furthers their education during the divorce process. This order will be terminated once the party moves in with a new partner or gets remarried.

5. Bridge-the-Gap Spousal Support

This alimony is often granted to support a spouse who needs to transition to single life. Bridge-the-gap alimony considers the grantee’s foreseeable expenses, such as utility bills or rent payments, when starting a new life without a spouse.

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Seeking Spousal Support

As marriage is not the same for every couple, spousal support can vary from one case to another. Thus, the court only grants spousal support when deemed necessary. If you are requesting your former spouse for financial obligations after your divorce, it is necessary to remember that the court is more likely to consider your petition if:

you and your former spouse were married for a long time;
you and your former spouse have a large income gap;
one of the parties has a disability; or
one of the parties suffers from job loss

In some cases, the court might also consider other factors and situations when deciding on spousal support. These include the reasons for divorce, such as infidelity, substance abuse, or domestic violence.

How Myrthil's Law, P. A.
Can Help

At Myrthil’s Law, P. A., we understand that couples going through divorce often experience uncertainty and dispute after separation. For this reason, we bring our proven legal expertise and experience to help separated couples and their children get back on track.

Our family law attorney helps you understand your right to spousal support and assists in filing a petition you need and deserve. Our team cares about your future and works tirelessly to ensure you make smart decisions as you move forward in your life post-marriage.

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Contact Us Today

Take the next step to ensuring a better future for yourself after divorce when you partner with the trusted spousal support attorney, Myrthil’s Law, P. A. If you want to know how our aggressive yet compassionate family law attorney can help you in negotiating a favorable spousal support agreement, contact our legal team today.

Spousal Support

Determining Spousal Support in Florida