Miami Alimony and Spousal Support Lawyer
In a marriage, there will always be someone who will bear the financial responsibility to support the household. It could be the man, the woman, or both, allowing the family to enjoy a comfortable quality of life.
However, if the marriage ends in a divorce or separation, one spouse will find it hard to restart their life because they do not have the same financial capability as the other party. Depending on the circumstances that caused them to lose their financial capacity in the first place, the court may intervene and order the party that has more financial capability to provide temporary or permanent spousal support.
If you are looking for a Miami, FL family law firm that can help you understand the court’s process in determining who pays spousal support, how much it will be, and how long it shall be paid. We can help both parties, whether you are paying or receiving spousal support, and provide you with all the legal resources and advice you need to plan. You can also trust our Miami alimony and spousal support attorney to help you appeal or modify the arrangement if necessary.
Call Miami Divorce Attorneys at (786) 321-9064 for your Consultation with a Miami Alimony and Spousal Support Attorney!
Alimony or Spousal Support
In Florida, spousal support means that a spouse, usually the low-earning party, will be given financial aid by the spouse who has the high financial capability as a way for the low-earning spouse to support themselves during or after the divorce. The support can be either temporary or permanent, depending on the type of support ordered by the court and the situation of the parties involved.
Spousal support will be awarded during the divorce proceedings. It will be hard to appeal against it once the divorce is finalized. However, the court may decide on who gets spousal support later. The court also determines its duration, but it will end automatically once the duration of the support is complete, the receiving spouse passes away, remarries, or the court issues a cancellation of payments.
Spousal Support Computation
It is not a guarantee that courts grant spousal support to anyone who requests it because it will depend on the case’s circumstances. However, before they grant support, they will look at both parties to determine if they should be given support and if the other party can pay support no matter which type will be ordered. If it is clear that support must be given, the computation will be based on the following:
The length of the marriage – short [less than seven years], medium [7 to 17 years], or long [more than 17 years]. Courts do not usually order support to be granted for spouses with short marriages, while long marriages are already considered for spousal support.- Standard of living during the marriage
- The financial capability and potential of both parties after the divorce
- All available income streams
- Age, physical and emotional state of both parties
- Earning capability, skills, and resources of either party
- Contribution of each party during the marriage
- Other factors such as criminal background, cheating, and others.
Your assigned Miami alimony and spousal support attorney is ready to help you compute the spousal support you may be qualified for using the computation above. We can also appeal the amount if you are the one who will be ordered to pay support or show that the other party should not be given spousal support.
Types of Spousal Support in Miami, FL
In Florida, the court will assume that each marriage has two spouses that are enjoying the same level of living standards, and should that marriage end, the spouse who earns more should be responsible for making sure that the other spouse’s living standards are maintained and not push them into a lower living standard or government support.
Five types of spousal support can be granted to couples should they need help creating their support arrangement. The computation above will be adjusted accordingly to match the type of spousal support granted by the court.
Temporary Spousal Support
With temporary spousal support, the recipient spouse will be given support during the divorce process. However, the support will be complete once the divorce process is finalized.
Bridge-The-Gap Support
Florida is one of the very few states that offer “bridge-the-gap” support, which is meant to enable the low-earning party to transition to a new life. The support will last two years or if the recipient remarries within the 2-year period. No more alimony will be given once either one of the conditions is met.
Rehabilitative Support
Out of all the types of spousal support available, the most common spousal support granted is rehabilitative support. This type of support enables the low-earning party to become self-sufficient by helping them get the education and training they need. Before the court grants this type of support, the receiving party must show a detailed rehabilitative plan that they will follow to become self-sufficient.
Rehabilitative support does not have a set schedule, but the receiving party must provide an estimate as to how long the support will be needed when presenting their rehabilitative plan to the court.
Durational Support
Durational support is the newest type of spousal support that can be granted to one party and will last for a set duration identified by the court. The court will also have the power to modify it if extreme circumstances warrant it. However, the length of this support will not exceed the length of the marriage.
Permanent Support
For marriages that lasted for more than 17 years and one party seeks spousal support, the court may grant them permanent support. However, the party seeking support must show that they can’t become self-supporting, barring circumstances such as disability or caring for a disabled child.
If you do not know which type of spousal support to request from the court or you want to know how much it will cost should you be assigned to pay support, don’t hesitate to ask our experienced and knowledgeable spousal support lawyers. We will look at the case and determine the best legal action to help you get the right type of support or plan how you can provide support without affecting your financial capability.
Spousal Support Modification
You can never tell what can happen in your and your ex-spouse’s life after the court orders spousal support to be given. If you are receiving support, it is possible that the amount is no longer enough for your changed situation. Meanwhile, if you are the one paying support, you may be unable to continue paying the amount specified by the court because of your changed financial capacity. You may also want to appeal your ex-spouse’s request for higher support.
You can speak to our assigned Miami alimony and spousal support attorney for your case to determine how you can request a support modification. Miami courts follow various criteria to determine if spousal support can be modified. They may take their time to decide if a modification can be permitted. Our team can prepare the evidence you need to prove that you need additional support. If you are the one paying support, we can help you review the request for support modification by your ex-spouse and appeal against it if you believe it is unrealistic. We can even request that the support be canceled or reduced because of your current circumstances.
Talk To Our Legal Experts Today
Breaking up a marriage is never easy, especially if the relationship starts with love and happiness. If you have sacrificed a lot in the marriage, you deserve to get support in order to help you pick your life back together and move on.
Miami Divorce Attorneys is always here to help you understand the legal avenues available so you can seek spousal support from your ex-spouse and ensure it is the amount you can use while trying to pick up your life. You can trust us to fight for your right to receive and modify this support if necessary. We can also help those ordered to pay for spousal support and appeal if they believe you shouldn’t provide it. No matter what side you are on, we will be with you in every step of the legal process and ensure you can plan once the court decides about your case.
Call Miami Divorce Attorneys at (786) 321-9064 for your Consultation with a Miami Alimony and Spousal Support Attorney!