Plymouth Alimony and Spousal Support Lawyer
In every marriage, financial responsibility and household management can vary between couples. Some partners work together to handle both aspects, while others divide these responsibilities differently. The key is to ensure the family enjoys a comfortable quality of life.
However, maintaining that same level of comfort can become challenging for one party when a marriage ends in divorce or separation. This individual may not have the same financial capabilities as their spouse or might face disadvantages due to their commitment to the wedding and family. In such cases, the court may step in and order spousal support to the party struggling to maintain their living standards after the divorce.
Our compassionate and experienced Plymouth alimony and spousal support attorney at Davis and Associates, Attorneys at Law, LLC is here to help if you need legal assistance, particularly concerning maintenance or spousal support. We will guide you through the legal process used by the court to determine if spousal support is appropriate and how much should be provided. You can also trust us to handle any appeals or modifications to the arrangement if needed, and we will try to find a solution that will benefit your future.
Call Davis and Associates, Attorneys at Law, LLC at (407) 708-9969 for a Free Consultation!
Alimony or Spousal Support
In the Florida Statutes, spousal support is defined as financial assistance provided to one party, usually the lower-income spouse, by the other spouse with higher financial capacity. This financial aid is intended to help recipients transition to their new life during or after the divorce. The duration of spousal support can be either temporary or permanent, depending on various factors assessed by the court and the financial situation of both parties.
Spousal support can be granted immediately during the divorce proceedings, and once the divorce is finalized, it can be challenging to appeal or modify the decision. However, depending on the trial’s progress, the court may choose to delay the decision on spousal support until a later date. The court will also determine the duration of support, taking into account the case’s specific circumstances. The license may be terminated prematurely if the receiving party remarries if new evidence is presented or in the event of their passing.
Given the complexity of the court proceedings concerning spousal support, it would be best for you to seek guidance from one of our experienced Plymouth alimony and spousal support attorneys. They can help you understand how spousal support is calculated and determined, allowing you to make informed decisions about your next steps.
Spousal Support Calculation
The court does not automatically grant spousal support to anyone who requests it. Instead, they carefully consider various factors to determine if an individual qualifies for spousal support. These factors include the financial needs of the receiving party and the paying party’s ability to meet those needs.
If the court decides that spousal support is warranted, they use specific factors to calculate the amount to be awarded:
1. The duration of the marriage – short-term (less than seven years), medium-term (7 to 17 years), or long-term (more than 17 years). Spousal support is less likely in short-term marriages, while it becomes more common in long-term marriages.
2. The standard of living enjoyed during the marriage.
3. The financial prospects and capacity of each spouse after the divorce.
4. All available sources of income.
5. The age and overall physical and emotional health of both parties.
6. The earning capacity, skills, and resources of each spouse.
7. The contributions made by each party during the marriage.
8. Other relevant factors include any criminal history or instances of infidelity.
Our experienced team of spousal support attorneys at Davis and Associates, Attorneys at Law, LLC can explain how these factors apply to your situation and assist you with your matrimonial support needs. Whether you are the potential paying party or the one seeking support, we can help ensure the calculations are accurate and support you in any appeals or objections related to spousal support.
Types of Spousal Support
In Florida, the court assumes that spouses enjoy the same living standards during the marriage. When a marriage ends, the higher-earning spouse is expected to provide financial support to the lower-earning spouse to maintain their pre-divorce living standards and avoid reliance on government assistance.
There are five types of spousal support that a lower-earning spouse can request from the court if they cannot reach an agreement with their ex-spouse:
1. Temporary Spousal Support: The recipient receives support during the divorce proceedings, which ends once the divorce is finalized.
2. Bridge-The-Gap Support: This unique form of support is available in only a few states, including Florida. The recipient is provided financial assistance for two years or until they remarry during that period, helping them transition to their post-divorce life. Once the two-year period is over, no further support is given.
3. Rehabilitative Support: One of the most common types of spousal support, it helps the recipient gain the necessary training and education to become financially self-sufficient. The recipient must present a rehabilitative plan before receiving support, which serves as their roadmap to self-sufficiency. There is no fixed schedule for rehabilitative support, but it should have an estimated end date.
4. Durational Support: This type of support is granted for a specific period, and the court can modify it if extreme circumstances arise. The duration of authorization must be the length of the marriage.
5. Permanent Support: If the marriage lasted for more than 17 years, the court may award permanent spousal support. The recipient must demonstrate that they cannot achieve financial self-sufficiency due to disability or caring for a disabled child.
Our Plymouth, FL family law firm can help you explore the available types of spousal support and determine the best fit for your situation. We will be your legal support and representative during the process, presenting your arguments to the court and ensuring they are considered. If you are the party ordered to pay support, we’ll advocate for you to determine the type and amount of support that matches your financial capacity.
Spousal Support Modification
Spousal support arrangements are not set in stone and can be subject to changes over time. For support recipients, the initially awarded amount may no longer be sufficient to meet their needs, or they may require additional funds for educational purposes, for example. On the other hand, support payers might encounter financial difficulties that hinder their ability to make timely and complete payments. They may also argue that support should be terminated due to changes in their ex-spouse’s circumstances.
If you find yourself in a situation where you need to modify your spousal support arrangement, our dedicated Plymouth alimony, and spousal support attorneys are here to help. We will carefully assess your current circumstances and, if necessary, initiate the modification process if that’s okay. Plymouth courts adhere to a standardized set of criteria to determine if a modification case should be granted. We will help you gather the required evidence to support your application and ensure the other party is informed about the modification request.
Alternatively, if you are the paying party, our legal team can review the modification request and, if appropriate, challenge it if it appears invalid or unjust. If it works for you, we will try to negotiate for a cancellation or reduction of the spousal support in case of a modified arrangement. Our goal is to ensure that the marital support arrangement aligns with the current circumstances of both parties involved.
Free Consultation with an Experienced Alimony Attorney
Rebuilding your life after a divorce is a challenging process that requires substantial support. At Davis and Associates, Attorneys at Law, LLC, we are committed to providing the assistance and resources you need to move forward comfortably after the divorce. Whether securing financial help for your transition or negotiating with your ex-spouse to ensure fair support arrangements, we’ve got you covered.
If you are the recipient of spousal support, we will work diligently to ensure that you receive the appropriate amount needed to lead a comfortable life post-divorce. We can also assist you in modifying or enforcing the spousal support arrangements, if necessary, to adapt to changing circumstances.
On the other hand, if you are tasked with paying spousal support, our legal team will provide you with the necessary support to contest or manage the payments smoothly. Throughout the process, we will stand by your side, guiding you in making the best decisions for your unique situation. At Davis and Associates, Attorneys at Law, LLC, we support you every step of the way in this challenging time of your life.
Call Davis and Associates, Attorneys at Law, LLC at (407) 708-9969 for a Free Consultation!