Tampa Spousal Support Attorney
Spousal support, often referred to as alimony in Florida, is sometimes awarded to a spouse that earns less than their partner during divorce. Judges will take many factors into consideration when determining alimony awards, but the main factors are the recipient’s need for support and the other party’s ability to pay it. Other factors may be considered as well, including previous property division orders. Regardless of whether you need to pursue spousal support or you need to defend against unfair claims for it, you need legal advice. Our Tampa spousal support attorney can provide it.
What is Spousal Support?
Spousal support is a legal duty to contribute to the financial support of a former spouse during or after divorce. Alimony does not only ensure that both parties can maintain their standard of living after divorce, but also that neither spouse is left at a financial disadvantage simply because they ended their marriage. One of the main purposes of spousal support is to make sure both spouses are on equal financial ground and that neither is left with disproportionate resources.
How is Spousal Support Determined in Tampa?
Alimony is not awarded in every divorce case. The family courts in Florida will consider the needs of both spouses and whether a higher-earning spouse has the ability to help with the financial needs of the other. In Tampa, as throughout the rest of Florida, alimony is always temporary. However, that does not mean a spouse cannot receive it for the long-term. The factors a judge will consider when making decisions on alimony include:
- The financial resources of each spouse,
- The distribution of marital and non-marital assets to each party,
- The amount of time necessary for either spouse to obtain further education or training to find gainful employment,
- The contribution of each spouse to the marriage including child care, homemaking services, education, and helping to build the career of the other spouse, and
- The age and physical and mental health of each spouse.
The above are just a few factors the court will consider when making decisions about spousal support. A judge will consider any factor relevant to a specific case.
The Length of Marriage and Spousal Support
The length of a marriage can make a spouse eligible or ineligible for spousal support. For example, spousal support is almost never part of a divorce case when a marriage lasts three years or less. The courts define the length of a marriage as the following:
- Short-term marriages are those that lasted fewer than ten years,
- Moderate-term marriages are those that lasted more than 10 years, but less than 20, and
- Long-term marriages are those that lasted more than 20 years.
What Types of Support are Available in Tampa?
In Florida, there are four main types of alimony that can be awarded during divorce. These are as follows:
- Pendente lite: This type of alimony is awarded during divorce proceedings to help the disadvantaged spouse pay for their legal fees and support themselves during the process. In some cases, this can take months, or even years depending on the complexities of the case.
- Bridge the gap: This type of support is awarded immediately after the divorce. It is intended to help make the transition to financial independence easier for lower earning spouses.
- Rehabilitative: This type of alimony is intended to help a lower earning spouse pay for educational opportunities or vocational training that can enable them to enter or reenter the workforce.
- Durational: This type of support is awarded for a certain number of years and it is generally not used for long marriages that spanned many decades.
It is important to note that as of July 1, 2023, there is no longer an option for permanent alimony in Florida. Any divorce case finalized after this date will not involve permanent alimony, although the other types of support are still available.
Factors the Courts Consider
When determining whether to award support, or the amount to award, the courts take many factors into consideration. Some of the main factors involved are as follows:
- The standard of living established during the marriage,
- The duration of the marriage,
- The age, physical health, and emotional condition of each spouse,
- The marital and non-marital property of each spouse,
- The employability, earning capacity, education, and vocational skills of each spouse,
- The amount of time required for either spouse to obtain additional education or training to find gainful employment,
- The contribution of each spouse to the marriage, child rearing, homemaking, and building the education or career of the other party,
- Which spouse is awarded child custody and is responsible for primarily raising the children,
- All source of income available to each spouse, and
- Any other factor a judge deems relevant.
Our Spousal Support Attorney in Tampa Can Help with Your Case
If you are getting a divorce and want to ask for alimony, or defend against unfair claims for it, our Tampa spousal support attorney can help. At Florida Law Advisers, P.A., our experienced team can determine the amount of support you deserve, or present arguments as to why your spouse does not require it. Alimony is a very complicated subject in Florida, particularly with the new changes in the law. At Florida Law Advisers, P.A., our Tampa spousal support attorney can advise on your case, negotiate with the other side, and help you obtain the most successful outcome possible. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to get the legal help you need.