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Tampa Alimony Attorney

Orlando-Debt-Settlement-and-Relief-1.jpgFew issues in Florida divorces cause more headaches than alimony. One spouse getting a divorce may resent having to financially support the other, leading to bitter conflicts and heated courtroom battles. While it’s important that both spouses can support themselves after a divorce, it is equally important that the spouse paying alimony can afford the payments while remaining financially stable. In many instances, working with an experienced alimony lawyer makes the process easier on all involved.

Whether you’re the spouse paying alimony or the one receiving it, a Tampa alimony attorney at Florida Law Advisers, P.A., can protect your rights and financial stability. Our full-service law firm has helped many people navigate Florida’s complex alimony laws, and we can help make sure the courts treat you fairly. We are equally experienced at helping people on either side of an alimony dispute and will make the legal process as simple as possible.

Call us today or visit our contact page for a free case review with a Tampa alimony attorney. To consult with an experienced Tampa alimony lawyer, call: 1 (800) 990-7763.

What Is Alimony and Why Does It Exist?

Alimony is the legal term for payments made by someone to their former spouse after a divorce. Lawyers sometimes use the term “spousal support” instead of alimony, but both terms mean the same thing.

Many people think it’s unfair to ask someone to financially support their former spouse after a divorce, but there are several good reasons why alimony exists, such as:

  • Alimony helps both spouses maintain their pre-divorce standard of living, especially if only one spouse was working before the divorce.
  • Alimony helps stay-at-home spouses find their feet after a divorce.
  • Alimony helps dependent spouses in cases where one spouse bears more of the financial impact of a divorce.

What Is Considered When Calculating Alimony?

Florida law specifies what factors a judge must consider when calculating alimony payments. Those factors include:

  • Each spouse’s standard of living during the marriage
  • The length of the marriage
  • Each spouse’s age, physical health, and emotional wellbeing
  • Each spouse’s income, assets, and debts
  • The earning capacity, vocational skills, and education each spouse has
  • Each spouse’s contribution to the marriage, including childcare, housekeeping, etc.
  • The potential tax consequences of alimony for both spouses
  • “Any other factor necessary” to reach a fair decision

The length of the marriage is an especially important factor in alimony payments. State law specifies that a short-term marriage is any marriage of fewer than seven years; a moderate-term marriage is any marriage that lasts between seven and 17 years; and a long-term marriage is any marriage longer than 17 years. A spouse in a moderate-term or long-term marriage will likely receive more alimony than a spouse in a short-term marriage.

Tampa alimony lawyer near me 1 (800) 990-7763

What Happens If Alimony Isn’t Paid?

If a spouse refuses to make their court-ordered alimony payments, they could face legal consequences, including jail time in extreme circumstances. The courts may also order a payor spouse to cover the recipient spouse’s legal fees, pay a fine, or pay interest to the recipient spouse.

Can Men Get Alimony?

Men can receive alimony in Florida, though it is more common for women to receive alimony. Because men typically make more money than women and have an easier time finding work, they usually pay alimony. However, men can receive alimony if they can show that their spouse makes more than they do or if they have a severe illness that limits their job prospects.

Talk to an alimony lawyer in Tampa for more information on when men can get alimony. Call or Text 1 (800) 990-7763 or Submit a Consultation Request Form Today.

Can Alimony Be Changed?

FLA LogoIt is possible to have an alimony order changed by petitioning the courts. To have an alimony order changed, the petitioner must show how there has been a significant change in their circumstances or their spouse’s circumstances, such as a new job or the recipient spouse remarrying. An experienced Tampa alimony attorney can help you petition the courts to have an alimony order altered.

What Are the Different Types of Alimony in Florida?

There are five main types of alimony in Florida:

Temporary Alimony

A spouse may receive temporary alimony payments while a divorce is pending until the case concludes and a judge issues a final alimony order.

Rehabilitative Alimony

Rehabilitative alimony is meant to help a spouse who quit their job after getting married and needs some financial stability until they can resume their career. To obtain rehabilitative alimony, a spouse must provide the court with a detailed plan showing how they will return to work.

Bridge the Gap Alimony

Bridge the Gap alimony is meant to help a dependent spouse make the transition from married life to being single. By law, Bridge the Gap alimony payments cannot last longer than two years. Furthermore, Bridge the Gap alimony payments stop if either spouse dies or the recipient spouse remarries.

Permanent Alimony

Permanent alimony payments provide long-term financial support to recipient spouses who cannot earn a living due to age, disability, or other circumstances. Permanent alimony is not necessarily permanent, as the courts can stop payments if the payor spouse shows a significant change in either spouse’s circumstances. In general, permanent alimony is only awarded to spouses in long-term marriages.

Durational Alimony

If a judge orders a spouse to pay alimony for a specific period, it is known as durational alimony. Durational alimony is the most common type of alimony these days, as judges have shifted away from awarding permanent alimony.

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How Does Alimony Work and How Is Alimony Granted?

In most divorce cases, the courts have the ultimate authority over whether someone receives alimony and how much money they receive. If two spouses getting divorced cannot agree on alimony payments, a judge might order them to meet with a mediator, or the judge might determine the amount of alimony. The amount someone pays in alimony is always based on the specific circumstances of the divorce.

The one major exception to court-mandated alimony is when a couple has a valid prenuptial agreement. The courts generally abide by the agreement’s terms if a couple signed a valid prenuptial agreement outlining alimony payments. However, a former spouse can challenge a prenuptial agreement and seek to have it invalidated if they want a different alimony arrangement.

Regardless of whether you have a prenuptial agreement or not, working with an experienced Florida alimony attorney is your best option for protecting your assets and getting the alimony you need.

How Does Alimony Work and How Is Alimony Granted?
How Long Does Alimony Last in Florida?
How Long Does Alimony Last in Florida?

How long alimony lasts in Florida largely depends on the specifics of the marriage. It is rare for judges to award permanent alimony in Florida unless a couple has been married for 17 years or longer. Typically, alimony lasts for a few years, long enough for the recipient spouse to get back on their feet and return to work. Additionally, a spouse paying alimony can petition the courts to stop payments if the recipient spouse remarries or has another major change in their financial circumstances.

How Our Tampa Lawyers Help with Alimony
How Our Tampa Lawyers Help with Alimony

Some of the ways a Tampa alimony lawyer from Florida Law Advisers, P.A., can help with your case include:

  • Going through your financial records to show how much you need in alimony to maintain your current standard of living
  • Locating a spouse’s hidden assets so the courts can make a fair decision
  • Helping a recipient spouse take legal action if the payor spouse refuses to pay alimony
  • Assisting with petitioning the courts to end or alter an alimony order
  • Representing you in court hearings related to an alimony order or other issue
Is Alimony Taxable in Florida?
Is Alimony Taxable in Florida?

In the past, alimony payments were taxable income for the recipient spouse, while the spouse who paid alimony could claim those payments as a tax deduction. However, that is no longer the case for any divorces finalized after Jan. 1, 2019. As of that date, alimony is no longer taxable income, while the payor spouse cannot claim alimony payments as a tax deduction.

Regardless of when you finalized your divorce, check with a Florida alimony lawyer to ensure you pay the appropriate taxes or claim the right deductions.

Can I Get More Alimony if My Husband Remarries?
Can I Get More Alimony if My Husband Remarries?

A recipient spouse generally cannot claim more alimony if the payor spouse remarries. At the same time, the spouse paying alimony must continue making those payments even after remarrying.

On the other hand, alimony payments typically end when the recipient spouse remarries. That said, it is worth noting that only a legal marriage will terminate alimony payments in most cases. If a recipient spouse moves in with a romantic partner, they likely can keep receiving alimony until they remarry.

Contact a Tampa Alimony Attorney Today

Alimony is a complex, highly emotional issue for any couple going through a divorce, regardless of whether you’re the one paying or receiving alimony. No matter your circumstances or the issues involved in your case, we can provide comprehensive, experienced legal representation while protecting your rights. Call Florida Law Advisers, P.A., today, or visit our contact page for a free consultation with a Tampa Alimony Lawyer.

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Tampa, Florida
Florida Law Advisers, P.A.

Tampa, Florida
1120 E Kennedy Blvd, Unit 231
Tampa, FL 33602
Phone: (800) 990-7763

Orlando, Florida
Florida Law Advisers, P.A.

Orlando, Florida
111 N Orange Ave, Suite 800
Orlando, FL 32801
Phone: (800) 990-7763

Dade City, Florida
Florida Law Advisers, P.A.

Dade City, Florida
38100 Meridian Ave
Dade City, FL 33525
Phone: (800) 990-7763