Palm Beach Gardens Alimony & Spousal Support Lawyers
Proven Representation in West Palm Beach & the Palm Beach Area
In Florida, alimony and spousal support are pivotal considerations during divorce proceedings, influencing the financial stability of both spouses post-divorce. These support systems aim to assist lower-earning spouses in maintaining a standard of living comparable to that experienced during the marriage.
Alimony and spousal support are used interchangeably, though “alimony” is considered dated as it is based on financial support for wives only. As a gender-neutral term, spousal support reflects that either spouse can be awarded this support, depending on the couple’s financial circumstances.
Regardless of what you call it, the amount and duration of this support can significantly impact your life and livelihood and result in lengthy court battles. At The Law Firm of C. Debra Welch, P.A., we work to present an appropriate and accurate portrayal of your unique situation and dynamic. We can strategically and tactically make your case to seek or contest alimony using varied legal instruments, research, forensic accounting, and other tools.
Request a consultation with a Palm Beach Gardens alimony and spousal support attorney at The Law Firm of C. Debra Welch, P.A. by phone at (561) 589-3120. You can also reach us via our online contact form.
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Types of Spousal Support in Florida
Florida law provides for several forms of spousal support:
- Temporary: Granted during divorce proceedings to provide immediate financial relief.
- Bridge-the-gap: Short-term assistance to help transition to a single life, focusing on legitimate, identifiable short-term needs.
- Rehabilitative: Aid to allow the receiving spouse to gain the necessary skills, training, or education to achieve financial independence.
- Durational: Provides economic support for a set period following a divorce.
Alimony can be awarded as a lump sum or periodically, such as monthly or quarterly payments. The choice between lump sum and periodic payments often depends on both parties’ financial situations and preferences, as well as the specifics of the divorce agreement.
Alimony ends when the recipient remarries; as the paying spouse, you do not need to go to court to stop paying under these circumstances. Any other changes to alimony must be pursued through the courts.
Recent Changes to Alimony in Florida
A new alimony law in Florida, which took effect in July 2023, has introduced significant changes to how alimony is handled in the state:
- Elimination of permanent alimony: The most notable change is the removal of permanent alimony as an option. This shift aims to encourage financial independence among divorced individuals.
- Focus on lump sum payments: The law now emphasizes lump sum payments, providing a more precise and predictable financial arrangement for both parties.
- Stricter guidelines for alimony calculations: The new regulations include stricter guidelines for calculating alimony, with payments not exceeding 35% of the difference between the parties’ net incomes.
- Modification procedures: The law introduces new methods for seeking modifications or releases from alimony obligations, making it easier to adjust payments based on changing circumstances.
These changes align Florida with other states that have moved away from permanent alimony, reflecting a broader trend toward advancing self-sufficiency post-divorce.
The law has also introduced changes regarding marriage length related to alimony:
- Durational alimony limits: For marriages lasting 10 to 20 years, alimony is capped at 60% of the marriage length. For marriages over 20 years, alimony is limited to 75% of the marriage’s duration.
- Short-term marriages: Durational alimony can only be awarded in marriages of three or more years. For short-term marriages (under 10 years), alimony is capped at 50% of the marriage duration.
- Marriage length classifications: The law classifies marriages into short-term (under 10 years), moderate length (10-20 years), and long-term (over 20 years), with corresponding limits on alimony duration.
These changes aim to create a more structured and predictable framework for alimony, reflecting the duration of the marriage more accurately in the alimony awards.
Modification & Termination of Alimony in Palm Beach Gardens, FL
In Florida, alimony can be modified or terminated under certain conditions:
- Modification: Alimony can be modified if either spouse’s circumstances substantially change. This could include changes in income, employment status, or financial needs, which must be proven to the court.
- Termination: Alimony can be terminated if the recipient enters into a relationship with another person (non-relative) who provides financial support. Termination may also be pursued if a significant change in circumstances justifies ending the payments. The court requires specific written findings to support the termination.
How Do Courts Determine Alimony?
Courts in Florida evaluate several factors to decide if spousal support is justified, its amount, and duration, such as:
- Length of the marriage: Longer marriages are more likely to result in alimony awards as outlined above.
- Financial resources: Each spouse’s income, assets, and financial obligations.
- Standard of living: The lifestyle the parties maintained during their marriage.
- Age and physical condition: Considerations of both the requestor’s and payer’s health.
- Earning capacity: This involves both parties’ ability to earn a living.
- Employability: Both spouses’ vocational skills, work history, and employability.
- Contributions to the marriage: Economic, educational, or homemaking contributions, including child care.
- Responsibilities towards minor children: The role of spouses in raising children from the marriage can affect employability and income.
Furthermore, judges may even consider forensic accountant testimony to determine alimony.
Turn to a Proven Law for Alimony Representation in Palm Beach Gardens
Alimony can be critical to financial stability and fairness for spouses transitioning to single life. It can also profoundly impact a payor’s economic security. Whether seeking alimony or addressing a claim, we provide valuable guidance, including in high-asset cases. We work assertively to establish an arrangement that reflects your needs and priorities and respects your lifestyle and plans for the future. With our help, you can move forward post-divorce with confidence and clarity.
Ready to get started? The Law Firm of C. Debra Welch, P.A. can help you take the next steps. Call (561) 589-3120 today or contact us online.