Alimony

Obtaining Alimony in Florida Divorce

Florida law provides for alimony to be granted when there is a demonstrated need for spousal support, a disparity in income between the two parties, and an ability to pay by the more financially able spouse. Proving entitlement, or defending against an alimony claim is the job of the divorce lawyer.

At the Fort Lauderdale family law office of Giunta & House, P.A.,, we work to protect your rights, your children, and your future as you go through the process of divorce. For more than 18 years, attorney Stuart House has focused his law practice exclusively on divorce and family law matters.

When you need effective legal advocacy to ensure your financial security as you being life anew after a divorce, contact Giunta & House, P.A., online to schedule an initial consultation. Call 954.928.0100.

There is more than one type 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 periodic alimony: This is awarded most commonly in long-term marriages where there is a demonstrated need for financial support by one party, and the other party has the ability to pay. Where there is significant income disparity, there is a presumptionn in favor of permanent, periodic alimony in a long-term marriage, and a presumption against permanent, periodic alimony in a short-term marriage. There is no presumption for or against an award of permanent periodic alimony for a "gray area" marriage with income disparity.
• 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.
• Lump sum alimony: 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 alimony guidelines. 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 knowledgably 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 their 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 of party.

Contact Giunta & House, P.A., for an initial consultation with an experienced Fort Lauderdale divorce lawyer.

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