Tampa Alimony Lawyer
Alimony comes in various possible forms including temporary alimony, permanent periodic alimony, rehabilitative, durational, bridge-the-gap, or a combination thereof. The amount and duration depends on the individual circumstances of your marriage and household finances. In general, Courts consider the factors set forth within Florida Statutes 61.08, which provides that “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” The specific factors considered in deciding whether to make a Florida alimony award or in determining the type of award include:
(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.
Florida Alimony law has experienced significant changes over the last several years, and may experience yet another shift in 2016 that could drastically impact certain cases, particularly those involving permanent periodic alimony. Whether you are seeking alimony or facing the responsibility of paying alimony, it is important to have a qualified and experienced Florida family law attorney who can assess the situation, understand the uniqueness of your life circumstances and its relation to existing law. Sometimes an analysis of the vocational capacity or of the standard of living of the parties is conductedby experts in order to help determine alimony. Scott Davis is experienced in both seeking all forms of alimony and defending against them. If you have alimony concerns and have questions regarding how a Florida Family Law attorney may be able to help, please contact us.