In Pensacola and the surrounding areas, Alimony Lawyers Pensacola at Bruce Childers Law represents both men and women in marriage dissolution actions involving alimony.
Alimony means spousal support. The partner that earns a higher income pays for the livelihood support of the partner that has little or no income after the divorce. In Florida, alimony is also called maintenance. The purpose of the alimony is to provide the lower-income spouse to get back on their feet. Depending on the type of alimony, the duration of maintenance payment can vary.
The family court judge may grant one of the spouses a compensatory allowance when an income disparity is present, enabling them to maintain their living standards. It is part of the many costs associated with separation.
Under Florida law, there are several types of alimony: temporary alimony, bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony.
The courts award temporary alimony during the divorce, supporting a spouse without sufficient financial resources. It ends when the divorce process is complete unless replaced with another type of alimony.
The so-called bridge-the-gap alimony is also temporary. Unlike the previous type, it has the purpose of helping the spouse bridge the gap between being married to living a single life. It covers only necessary and foreseeable expenses.
If the lower-income spouse needs to participate in educational programs or training as a way to get employment, the court may award them the rehabilitative alimony. However, that does not mean that the receiving party can spend the resources arbitrarily. Instead, the court will include a specific plan and determine the purpose of the resources. Both spouses can petition to modify the court order depending on the altered circumstances.
The courts in Florida award durational alimony if other types are not suitable for concrete circumstances. The difference between this and the remaining types is the duration. It is typically associated with the length of the marriage, so durational alimony cannot exceed the period of marriage.
Finally, permanent alimony serves spouses who are not capable of reaching the living standard they enjoyed while married. The standard of life is a subjective category and can represent completely different lifestyles from case to case.
Regardless of the type of alimony, it can be paid monthly, as a lump sum payment, or a combination of the two. In any case, maintenance payment ends when either spouse dies or remarries.
Factors That Determine the Amount Of Alimony
When awarding alimony, the court will consider various circumstances that affect the amount of maintenance payment.
First of all, the duration of marriage is decisive. Spouses from longer marriages are more likely to receive higher alimony.
Furthermore, the standard of living of each spouse represents the next determining factor. The purpose of alimony is to provide for a spouse without sufficient means for life. Therefore, the lower-income spouse will receive maintenance payment in the amount enough to maintain the standard of living they enjoyed during the marriage.
Moreover, the age of the spouses, including their physical or psychological health condition, will play a key role in determining the amount of maintenance. Sometimes, one of the spouses is not physically or emotionally capable of earning a living and needs a higher amount of maintenance payment.
As mentioned earlier, one of the spouses can require additional education or training to find employment. In that case, the court will award them rehabilitative alimony. The amount depends on the nature of additional training they need.
Finally, the contribution to the marriage of each spouse is decisive. That can include child care, home maintenance, salary, and support in building a career or obtaining an education.
Spouses can enforce the alimony in a court or out of court. In both cases, the intervention of a family law lawyer is necessary. In this case, you can count on the firm Bruce Childers Law for personalized representation.
Bruce Childers Law will advise and assist you in your amicable or contentious procedure in matters of child support or compensatory allowance for your spouse.
We will carry out a careful analysis of the income and expenses of our client and the precise needs of the children. We also advise you on the payment amount and represent your interests before the family court judge.
After a divorce, spousal maintenance is an important issue. That can often lead to disputes. Refusal to pay maintenance gives rise to alimony disputes. The law stipulates who is entitled to maintenance and who must pay maintenance. Anyone entitled to maintenance can sue for this in the event of a dispute. Also, each spouse can petition for modification of the award in case of a significant change of circumstances. The health condition of a receiving spouse worsened, leading to increased expenses. Contrarily, the financial situation of the paying spouse got worse. Either way, the plaintiff must prove their claim to get a modification order. There is also the option of claiming maintenance without litigation through mediation and negotiation.
The liable spouse may be obliged to pay an amount to no longer pay due to dismissal or reduced income. The parties can remove or terminate alimony through negotiations or court proceedings.
Alimony can be reduced or terminated in case of changed custody arrangements. For example, if you or your ex-spouse gets sole custody of your child, one or the other is thus required to take charge of their needs. In this case, the custodial parent can request child support from the other.
The court can also suspend the payment if the liable parent’s resources no longer allow it to be covered. That is the case of losing their job and no longer receiving income. In this case, the court temporarily suspends payment while they find a new job.
Bruce Childers, Family Law Attorney at 3 West Garden Street, Pensacola, FL, will advocate for your rights in and out of court. Whether you need to get or enforce an alimony contract, amend it or terminate it, we will be glad to assist you.
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Pensacola, Florida is the westernmost city in the state of Florida. The county seat and only incorporated part within Escambia County it has been home to many historical firsts for America including being one of its earliest Spanish settlements as well as hosting more battles between enslavers fighting over slavery than any other place else during colonial times! As of 2019, the population of Pensacola was estimated to be 51,923. The city is the county seat of Escambia County and is located at the mouth of the Escambia River.
Pensacola is home to a number of schools, including the University of West Florida, Pensacola State College, and George Stone Technical College. The city is also home to a number of parks and recreation areas, including Big Lagoon State Park and Perdido Key State Park.
Pensacola is known for its white-sand beaches, which attract visitors from all over the world. The city is also home to a number of businesses and industries, including tourism, healthcare, and aerospace.