Divorce and legal separation can result in many financial issues the parties must address, but one of the most important is spousal support (alimony). In order to help guarantee that any support awarded meets these criteria, the parties will want to seek the assistance of a qualified spousal support attorney Stuart, who can work with them to ensure that their spousal support arrangements are fair, accurate and in compliance with Florida's laws governing spousal support (alimony). No matter whether you are requesting, or possibly obligated to pay spousal support, it is crucial for you to know what your rights are from a spousal support perspective to protect your future financials.

Spousal Support or Alimony Resources in Florida

Spousal support is a form of financial assistance available to the lower or non-earning spouse after divorce, as determined by the courts. Many factors will be considered by the courts in determining if spousal support/alimony is appropriate, including but not limited to:

1. Length of the marriage,
2. Standard of living during the marriage,
3. Financial resources of the spouses; and
4. Each spouse's ability to earn money in the future. A qualified Stuart spousal support attorney can explain how these factors apply to your case and how best to prove your entitlement to spousal support/alimony. 

Different Types of Alimony in Florida

There are several types of spousal support under Florida law, depending on the circumstances of the marriage, including:

1. Temporary Alimony

While a divorce is pending, temporary alimony can be awarded. It helps ensure continuity of finances until a final resolution can be reached.

2. Bridge-the-Gap Alimony

Bridge-the-Gap Alimony provides short-term assistance to assist transitioning from married to single life and covers immediate expenses for a maximum of 2 years.

3. Rehabilitative Alimony

This type of spousal support is designed to support a spouse's path toward self-sufficiency through education and/or job training.

4. Durational Alimony

Durational alimony provides financial support for a predefined period for moderate or long-term marriages; it is capped at the duration of the marriage.

5. Permanent Alimony (limited availability)

In certain older or exceptional circumstances, permanent alimony may still be considered; however, there have been significant changes to the law which have narrowed the availability of permanent alimony in Florida over the last few years.

If you have a divorce proceeding and need help determining the appropriate type of alimony, a spousal support attorney in Stuart can help.

Factors Considered by Courts When Determining Alimony

Prior to making any determination on the type of spousal support awarded, the Florida courts consider the following factors:

Length of marriage
Standard of living established during the marriage
Age and physical or emotional health of both spouses
Occupational/financial resources available to each spouse, including earning capacity
Contributions made by both parties to the marriage, including homemaker and childcare
Tax consequences associated with receiving spousal support

Why You Should Hire a Spousal Support Lawyer in Stuart

Alimony disputes can become very contentious and often involve issues regarding income, property and/or lifestyle. Because of this, hiring an experienced attorney to assist you during the divorce proceedings can greatly help you in these areas:

Accurately analyzing your financial situation.

A lawyer will help ensure that all your income sources are disclosed properly, including self-employment earnings, bonuses, investments and business earnings.

Negotiating fairly.

Most divorces resolve through negotiating or mediating the settlement so a professional will be able to lobby for a settlement to be made that is fair for you based on what is happening in your life.

Litigating when necessary.

If you cannot reach an agreement with your spouse, your lawyer will represent you at trial and present evidence that supports your position on spousal support.

 Modifying or enforcing orders.

The courts can modify spousal support orders due to either a decrease or increase in income, change in employment or other uncontrollable life events. A lawyer can assist in enforcing payment when a former spouse does not adhere to a judge’s decision.

Common Spousal Support Problems

Many people in the Stuart, Florida area experience issues pertaining to spousal support, including:

Disputes as to how much income is being reported and/or if there are hidden assets.
Requests for wrongfully excessive amounts of spousal support.
Failure of former spouse to comply with a judge’s order to pay spousal support.
Changes in financial circumstances after a divorce occurs.
Business ownership complicating the proper evaluation of income.

All of these spousal support related issues require careful analysis of legal issues surrounding these issues, as well as strategic representation should litigation prove necessary.

- How Alimony is Determined

There isn’t a single formula for the calculation of spousal support (alimony) in Florida. Instead, the courts implement a statutory guide or set of criteria along with the individual facts of your case to help determine how much you will receive or pay.

A family law attorney specializing in temporary or permanent alimony can ensure that your financial records are prepared in a manner to help support your alimony request. Financial records need to be clear, complete, and persuasive so that you have the best opportunity for success, whether your attempt is through negotiation before a judge.

- Modifying Alimony Orders

Your situation may change after your divorce is finalized. It is possible to seek a modification of your existing spousal support order if there has been a significant change in your income, employment, or financial need.

Some of the more common reasons people seek modification of their alimony include:

Job loss or a decrease in household income
Retirement
The remarriage of your former spouse receiving child support (in limited situations)
A significant change in your financial need or expenses.

It is important to have legal representation when seeking to modify an existing spousal support (alimony) order because the courts require substantial proof before they will approve your request.

- Enforcement of Alimony

If your former spouse fails to pay the spousal support that the courts ordered, then it may be necessary to initiate enforcement actions against your former spouse. Florida courts have many enforcement options available, such as:

Income garnishment
Levy (or seize) bank accounts
Contempt of court proceedings
Suspend the licenses of the former spouse or impose other penalties.

A spousal support attorney in Stuart can help make sure you are following the court's orders and that your finances remain stable.

Choosing the Right Lawyer

When you are looking to hire a spousal support lawyer, it is very important that they have experience and knowledge about family law in Florida. Look for an attorney that:

Knows how the local courts in Stuart, as well as those in Martin County, work
Has experience in handling very complicated financial cases
Communicates effectively and promptly
Has excellent negotiation skills both inside and outside of the courtroom

Conclusion

Spousal support can have long-term effects on your future finances. If you are trying to obtain or oppose the payment of alimony, having a qualified Alimony attorney Stuart FL will help to ensure that your rights are protected and that your case is being properly handled. With good legal advice, you will have the opportunity to obtain a fair and reasonable outcome that will help you to remain financially secure after the divorce has been completed.