Protect Your Rights If Alimony Will Be Part Of Your Divorce

Whether you will be paying alimony or receiving it, you have a strong interest in this topic if it is a part of your divorce decree. If you have depended on your husband or wife financially throughout your marriage, you may be in a position to ask for and receive alimony. On the other hand, if your spouse has depended on you, you may be supporting her or him after the divorce.

Florida’s alimony laws underwent a major overhaul in 2023, resulting in significant changes to and elimination of practices that had been on the books for decades. Our attorneys at Jeffrey P. Cario, P.A., have carefully followed these changes. From our office in Brooksville, they help clients throughout Hernando County and the greater Tampa Bay area understand how these new alimony laws will impact their case.

When And Why Is Alimony Awarded?

When determining whether to award alimony and what amount to award, Florida courts consider a variety of factors, including the standard of living established during a marriage, the length of the marriage, the age and health of each spouse, the financial resources and income of each, the earning capacity of each, the value of contributions to the marriage, responsibilities to minor children and other factors of “equity and justice.”

Types And Durations Of Alimony In Florida

Under the updated laws, the type of alimony that a former spouse may pay or receive might be:

Pendente lite alimony: This is temporary alimony paid during divorce proceedings to help the receiving spouse cover living and divorce expenses.

Bridge the gap alimony: Used to cover only essential expenses during the transition into single life. It is very temporary, usually lasting about three to six months.

Rehabilitative alimony: This is meant to help the dependent spouse get education, training or redevelopment of previous skills or credentials. The duration is capped at five years post-divorce.

Durational alimony: Economic assistance for a period of time based on the length of the marriage. Durations are a percentage of marriage length, as follows:

• Short-term marriage (three to 10 years): Up to 50% of marriage length
• Moderate length marriage (10 to 20 years): Up to 60% of marriage length
• Long-term marriage (more than 20 years): up to 75% of marriage length

The new laws have done away with permanent alimony, which was one of the most hotly debated topics in Florida family law for many years. The legal changes are not retroactive, however. They only apply to those getting divorced after the laws were enacted.

Petitioning To Modify Or Terminate Alimony Awards

Our firm can also help you petition the court to modify or end an existing alimony award. Either party may seek a modification if there has been a substantial change in financial circumstances (job loss or income change). They can also seek a modification for a change in earning capacity due to illness or other unforeseen hardships. Finally, payers can request to modify or terminate the order when they retire or upon learning that the recipient spouse has remarried or is in a committed cohabiting relationship.

Get The Counsel And Advocacy That You Need Regarding Alimony

This area of family law should be approached with the help of an experienced divorce attorney. Jeffrey P. Cario, P.A., brings these assets to the table:

• Mr. Cario is personable and caring yet determined to protect his clients’ interests.
• He has been practicing law for close to 40 years.
• He is board-certified in family and marital law.
• Kimberly Scarano brings 20 years of experience in handling family law cases.

Your divorce discussions, decisions and direction will be in good hands with our attorneys on your side.

Contact Us Today To Get Started On Your Case

We can help answer any questions related to your divorce. Schedule a consultation by calling 352-448-0546 or completing an online inquiry form.