Alimony
Cynthia Hernandez Law
Tampa Bay Alimony Lawyer
In a divorce proceeding, the court may grant alimony to either party if supported by the facts and the law. As part of a structured divorce settlement, you may also choose to include alimony or waive it, subject to final approval by the court. Because the tax implications of alimony payments are different from those of child support payments, the benefits and potential drawbacks of paying or collecting alimony must be carefully considered, whether you are the one likely to give or receive support. Cynthia Hernandez Law can help ensure you obtain a fair alimony arrangement during and after divorce, contact our experienced Tampa Bay Alimony Attorney today.
Factors Determining Florida Alimony Awards
Alimony is not awarded in every divorce. Florida courts determine whether or not to grant a spouse alimony based on a number of factors, including the length of the marriage and the health and earning capacity of each spouse. There are various types of alimony which may be awarded by a Florida court including “temporary” alimony which may be awarded during the pendency of dissolution of marriage litigation, “permanent” alimony which is awarded mostly after long term marriages, “bridge-the-gap” alimony to assist the transition from married to single life, “durational” alimony for a set time, and/or “rehabilitative” if education or training is needed for the recipient spouse. Whether alimony is appropriate, and the type or types of alimony to be awarded will depend on the particular circumstances of the marriage, such as:
The standard of living established during the marriage.
The duration of the marriage.
The age and the physical and emotional condition of each party.
The financial resources of each party, including the marital and non-marital assets and liabilities assigned to each during property division. consectetur sed?
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 him or her to find appropriate employment.
The contribution of each party to the marriage, including homemaking, child care, and education and career building of the other party.
The responsibilities each party will have with regard to any minor children they share.
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.
All sources of income available to either party, including income available to either party through investments of any asset held by that party.
Any other factor necessary to do equity and justice between the parties. With all of these factors, there are a wide range of possible outcomes when a court is deciding whether and for how long to award alimony. In a high-net worth divorce, if one spouse is going to receive income-generating assets, or a large liquid account, it may be argued that he or she does not “need” alimony. We (utilizing the advice of financial experts when necessary) help you determine what income could be generated from on assets received, and how this income would bear on the ability of the receiving spouse to support him or herself without maintenance.
Frequently Asked Questions (FAQs)
What is alimony, and who is eligible to receive it?
Alimony, also known as spousal support, is financial support that one spouse may be ordered to pay the other after a divorce. It is intended to help the lower-earning or non-earning spouse maintain financial stability post-divorce. Eligibility depends on factors like the length of the marriage, the financial resources and earning capacity of each spouse, and the standard of living established during the marriage.
What types of alimony are available in Florida?
As of recent legislative updates, Florida offers several forms of alimony, including:
Temporary alimony (during the divorce process)
Bridge-the-gap alimony (short-term support to transition to single life)
Rehabilitative alimony (to help a spouse gain education or job skills)
Durational alimony (support for a set period, often in shorter marriages)
Note: Permanent alimony has been eliminated in most cases under Florida’s recent reforms.
How is the amount and duration of alimony determined?
Florida courts consider various factors when determining alimony, such as:
The duration of the marriage
Each spouse’s financial needs and ability to pay
Age and health of both parties
Standard of living during the marriage
Each party’s contributions to the marriage (including child care and homemaking)
Attorney Cynthia Hernandez will help present a thorough financial picture to advocate for a fair outcome.
Can alimony be modified or terminated?
Yes, alimony may be modified or terminated if there is a substantial change in circumstances—such as job loss, disability, or the receiving spouse entering into a supportive relationship or remarriage. Cynthia Hernandez can help you file or respond to a petition to modify alimony as needed.
Do I have to go to court to resolve alimony?
Not necessarily. Many alimony issues are resolved through mediation or negotiated settlements, which can save time, reduce stress, and lower legal costs. However, if an agreement cannot be reached, the issue may be decided by a judge. Cynthia Hernandez Law offers strong negotiation skills and experienced courtroom advocacy to protect your financial interests.
Contact an Experienced Tampa Bay Alimony Lawyer for Help with Alimony in Florida
Whether you are seeking alimony or defending against it, Cynthia Hernandez Law is prepared to advocate for you at every stage of divorce proceedings. To discuss your alimony issue with an experienced Tampa Bay alimony lawyer, please contact us to schedule a confidential case evaluation. We can help you come out on the other side of divorce in the best financial position possible.