Coral Springs, Florida, Alimony Attorney
Parkland Alimony Lawyer
Unlike child support, there are no mathematical calculations or formulas usedto calculate alimony. At the Law Offices of Mark Abzug P.A., in Coral Springs, Florida, our attorneys have represented the best interests of both husbands and wives in this challenging and sometimes contentious area of divorce law.
Alimony is governed by F.S.§ 61.08. In order to be entitled to alimony you must be lawfully married. Florida law does not recognize common law marriages and/or palimony. In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.
Relevant Factors in Determining a Proper Award of Alimony or Maintenance
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of each party
- The financial resources of each party, including the non-marital and the marital assets and liabilities distributed to each
- The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment
- 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
- The responsibilities each party will have with regard to any minor children they have in common
- 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
- All sources of income available to either party, including income available to either party through investments of any asset held by that party
- Any other factor necessary to do equity and justice between the parties
Types of Alimony or Spousal Maintenance
- Types of Alimony: The two main factors that a court will consider when determining whether to award a spouse permanent periodic alimony are: 1) duration of the marriage; and 2) whether there is a disparity between the spouse’s incomes. Marriages, generally speaking, fall into three categories: Short-Term Marriage (less than 7 years); Gray Area Marriage (between nine and 17 years) and Long-Term Marriage (most would agree that a marriage over 17 years is a long-term marriage). The court can award permanent alimony in a long-term marriage and in a gray area marriage, depending upon the circumstances, the parties’ ages, health, young children, etc.
- Lump-sum alimony: is exactly what it sounds like. Alimony paid in a lump sum of money to the other.
- Rehabilitative alimony: The purpose of rehabilitative alimony is to provide a spouse with the opportunity to become self-supporting by getting the necessary education and skills needed. This can include vocational school, college and otherwise.
- Bridge-the-gap alimony: Alimony that is designed and intended to assist a person to transition from being married to single. A spouse might need some time to get a job or money for expenses of moving out and getting an apartment, and/or furniture. Usually bridge-the-gap alimony is usually for a short term (not more than two years).
Imputing Income of Unemployed and Underemployed Spouses
Vocational experts are brought in if one of the spouses is unemployed or willfully underemployed. Their work experience, education and skills are reviewed along with the job market. The courts are then told what the individual can expect to make based on the available jobs and the overall industry.
Serving Clients in Parkland, FL and Throughout the Area
At the Law Offices of Mark Abzug P.A., we will put our resources to work protecting your interests regarding an award of alimony. If you have any questions or wish to set up an appointment, please contact us online or call 954-753-1003 today to schedule a FREE initial consultation.