Fort Lauderdale Alimony Lawyers
Obtaining Alimony/Spousal Support in Florida Divorce
Florida alimony law has recently changed. Prior to the new law's enactment, there were no statutes codifying what constituted a "long-term" marriage for purposes of permanent alimony. Discrepancies existed among district courts. The new law has, provided universal concrete guidelines for what short-term, moderate-term and long-term marriages are:
- Short-term: less than seven years
- Moderate-term: greater than seven but less than 17 years
- Long-term: 17 years or greater
At the Fort Lauderdale family law office of Giunta & House, P.A., we work hard to protect your rights, your children and your future as you go through the process of divorce. Since 1991, attorney Stuart House has focused his law practice exclusively on divorce and family law matters. He can help explain new Florida alimony law and how it affects your divorce.
When you need effective legal advocacy to ensure your financial security after a divorce, contact us online to schedule an initial consultation with an experienced Fort Lauderdale alimony lawyer. Call 954.928.0100.
Types of Alimony
A family court judge will decide whether to award alimony (spousal maintenance) based upon the specific facts of your divorce, including the length of your marriage, your past work experience, the health of both parties and other factors. In Florida, the judge may choose from several different types of alimony when making a decision on an alimony award:
- Permanent alimony: This is usually awarded in connection with long-term marriages (where there exists both sufficient need, and ability to pay), but can sometimes be awarded in marriages of moderate duration, and under exceptional circumstances, may even be awarded in short-term marriages.
- Durational alimony: A relatively new type of alimony, durational alimony may be awarded in a moderate or short-term marriage where permanent, periodic alimony is inappropriate, and bridge-the-gap alimony is insufficient.
- Rehabilitative alimony: This type of alimony is intended for spouses who did not undertake career advancement because they got married, but who may have the ability to re-enter the workforce and substantially contribute to their own support with further education or training.
- Bridge-the-gap alimony: This type of alimony is given to help a former spouse get back on his or her feet after divorce. A judge may award this in a shorter-term marriage where there has been a significant income disparity, such that one party would be relatively impoverished without temporary help.
While it is not common, a "lump sum alimony" payment may be ordered under certain circumstances. For example, the court may order a lump sum alimony payment if there is reason to believe that the spouse who should otherwise provide permanent, periodic alimony will likely not be able to do so.
Unlike child support, there are no guidelines to determine the amount of alimony. Consequently, alimony issues can be quite difficult to resolve without a skilled and seasoned lawyer to assist you. It is critically important when dealing with the alimony issue that informed judgment be brought to bear in analyzing whether or not a particular alimony proposal is within the range of likely outcomes that would be achieved in court. Mr. House has extensive trial court experience, litigating alimony issues, and thus is in an optimal position to knowledgeably advise clients, which is an invaluable asset for those clients dealing with issues of spousal support.
Complex Alimony Cases
Stuart House has handled numerous cases in which a spouse who should receive alimony finds that the other party has voluntarily become unemployed or under-employed in an effort to avoid paying alimony. This voluntary action is designed to deprive a party of his or her just entitlements and must be met with appropriate responsive action. If you are entitled to spousal support and your spouse is unemployed or under-employed voluntarily, Mr. House will work with vocational experts to determine a reasonable income earning potential based upon, among other things, educational attainments, vocational aptitude and prior work experience. He will work to ensure the court imputes an income to a shirking party.
Contact Us for Broward County Spousal Support Attorneys
Contact Giunta & House, P.A., for an initial consultation with an experienced Fort Lauderdale divorce lawyer.
Convenient location • Free parking • Evening and weekend appointments by special arrangement • Credit cards accepted