Alimony / Spousal Support

Put our experience to work for you. Call now, 904-794-7898.

Alimony / Spousal Support

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:

  • Temporary Alimony: is typically in cases of short marriage duration where a spouse has a demonstrated need and the other the ability to pay and it is designed to assist the lower income earning spouse pending the resolution of the divorce lawsuit.

  • Lump Sum Alimony: is a one-time payment of a set amount. It is applicable in a marriage which is not too short but not too long in duration.

  • Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony shall not be modifiable in amount or duration.

  • Rehabilitative Alimony: is typically Alimony/Spousal Support designed to assist the lower income earning spouse as he or she travels through their rehabilitative plan; the plan being a formulation of strategies and goals to increase one's earning ability. Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either: 1. The redevelopment of previous skills or credentials; or 2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

  • Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

  • Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are ange in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.

    • 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:

  • (a) The standard of living established during the marriage.

  • (b) The duration of the marriage.

  • (c) The age and the physical and emotional condition of each party.

  • (d) The financial resources of each party, including the non-marital and the marital assets and liabilities distributed to each.

  • (e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire

  • (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

  • (g) The responsibilities each party will have with regard to any minor children they have in common.

  • (h) 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.

  • (i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

  • (j) Any other factor necessary to do equity and justice between the parties.

    • 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.

    Attorney Michael Hines has successfully helped families dealing with very difficult
    and contentious Contested Divorce cases from the logistically complex to the seemingly impossible.

    Put our experience to work for you.

    Call the law office of Michael Hines now at 904-794-7898.