Alimony/Spousal Support is unpredictable; we help you protect your financial future.
Many clients inquire as to whether or not they are either entitled to Alimony/Spousal Support, commonly known as Alimony, or whether or not they will have to pay Alimony/Spousal Support.
Alimony/Spousal Support is the least predictable aspect of divorce. Judges have wide latitude in determining whether financial support is merited in your case. No matter how experienced, no one can say for sure whether alimony will be awarded or its amount and duration. However, we can give you a fair idea based on your circumstances, and we help you plan for what the court may rule.
The complexities of the financial aspects can potentially be overwhelming, which is why we provide our clients with compassionate guidance during this stressful time.
Don't let financial considerations prevent you from making decisions, such as filing for divorce, that are in your best interests and the best interests of your family. At the Law Office of Michael Hines, P.A. in St. Johns County, Florida, we will work with you in order to obtain the Alimony/Spousal Support you need.
Put our experience to work for you. Call now, 904-794-7898.
What is the goal of Alimony/Spousal Support?
The goal of Alimony/Spousal Support is to continue the standard of living established during the marriage and to provide for the recipient spouse to continue with that same standard of living they had grown accustomed to during the marriage. There must always be one spouse having a need for Alimony/Spousal Support; and the other spouse having the proven ability to pay Alimony/Spousal Support. Alimony/Spousal Support is designed to assist the economically weaker spouse in making the transition from marriage to life as a single person by providing income to them after their divorce in Florida. Alimony/Spousal Support is paid by the supporting spouse to the dependent spouse.
We Understand Your Needs
Several factors are involved in making this determination, and this is one very important reason to get experienced legal representation. The Law Office of Michael Hines, P.A. understands the importance of a husband and father’s financial security as well as a wife and mother’s. By working closely with clients taking into consideration the needs of the husband, wife, and children, we protect your interests and aggressively defend your rights.
How does a Court determine Alimony/Spousal Support?
The Court must consider the following, directly from the Statute:
For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
The Equality of Alimony/Spousal Support
Alimony/Spousal Support is gender neutral; either a husband or wife may receive Alimony/Spousal Support from the other party.
The state of Florida recognizes equality between men and women with regards to their rights and obligations in divorce or dissolution of marriage proceedings. This impartiality in the law extends to the right to receive Alimony/Spousal Support and either the husband or the wife may be awarded Alimony/Spousal Support. Either spouse may also be required to pay Alimony/Spousal Support in addition to child support payments. Alimony/Spousal Support payments directly affect Child Support. Put the experience of Attorney Michael Hines and his legal team to work for you to help determine the proper Alimony/Spousal Support and Child Support.
The Types of Alimony/Spousal Support
Essentially there are five types of Alimony/Spousal Support:
Determining Alimony/Spousal Support/Alimony
When it is deemed that Alimony/Spousal Support will be awarded, many aspects of the parties’ situations are considered. Permanent Alimony/Spousal Support may be needed, which would continue until the receiving spouse remarries or passes away. Or it may be that rehabilitative Alimony/Spousal Support is appropriate, which is intended to give the spouse who will be receiving support the necessary time to establish sufficient income to be stably self-supporting. The court has the option of stipulating that the support payments be made either in a lump sum, in periodic payments, or both.
The factors that are viewed when determining an award of Alimony/Spousal Support are:
Additionally, the court may consider instances of adultery, spousal abuse, or similar situations when making a determination in favor of or against any Alimony/Spousal Support settlement.
Family Law Attorney Michael Hines’ experience with evaluating financial circumstances allows us to put forth your best claim or defense to Alimony/Spousal Support.
Additional Considerations Can Add Up Financially in Court
With over a decade of family law experience, Attorney Michael Hines and his legal team know that additional considerations including the contribution of each party to the marriage of services which may include homemaking, child care, education, and career building of the other party, all income available (whether actual or imputed) to either party, and any other factor which the Court may deem relevant can have an effect on the long-term outcome of your case. We have litigated a wide array of circumstances involving entitlement, type, and amount for Alimony/Spousal Support issues and we are committed to utilizing our vast experience to represent our clientele in bringing forth or defending these claims.
Creative Approach and Alternative Solutions
Michael Hines will take a creative approach to examining your case and your Alimony/Spousal Support claim in order to find ways to resolve issues and claims to your best advantage. In some instances, we can negotiate a settlement to a difficult case by looking at alternatives to the standard Alimony/Spousal Support awards so that the financial deal makes better sense for both of the parties. For example, while Alimony/Spousal Support is usually tax deductible to the payer and taxable to the recipient; that can be changed by agreement between the parties, so long as the proper notifications are made to the IRS.
All Factors That Are Relevant
The court has fairly broad discretion to award alimony and to craft orders for Alimony/Spousal Support tailored to the specific needs of the parties. Working with Family Law Attorney Michael Hines, P.A. can help to ensure that you are aware of your options and that the court is made aware of all factors relevant to any award of Alimony/Spousal Support.
Experienced Representation with Compassion and Discretion
Michael Hines, P.A., has the experience and resources to effectively guide you through the legal process. Alimony/Spousal Support cases can be intensely personal in nature, and we always strive to provide the highest standard of legal representation to aggressively pursue your Alimony/Spousal Support legal goals, while handling these cases with the utmost discretion.
Post-Judgment Alimony/Spousal Support Modifications and Disputes
Post-judgment Alimony/Spousal Support modifications may be requested if there are significant changes to either parties’ circumstances during the period that the Alimony/Spousal Support Court Order is still in effect. Modification requests are not typically well received by the other party and are typically highly contested.
As a law firm providing Alimony/Spousal Support and Family Law legal services, we are experienced, prepared, and well qualified to represent you if your circumstances have changed. In even the most difficult of legal challenges you may be facing, we are well versed in Alimony/Spousal Support and Family Law, and we know how to apply the law to your specific legal needs and goals. When you are involved in a Alimony/Spousal Support dispute, we are here to help you.