Cape Coral Alimony Attorney Scott Morris puts his experience as an Alimony, Divorce, and Family Law Lawyer to work for those in Cape Coral, Fort Myers, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Labelle, Lee County, Collier County, Charlotte County, Hendry County, and throughout Southwest Florida.
Call 239.772.1635 today to schedule a confidential consultation with Attorney Scott Morris about your legal rights, options and goals involving Alimony, Divorce, or other Marital and Family Law issues or disputes.
Alimony is an allowance for support made under court order to a divorced person by the former spouse, usually the chief provider during the marriage.
It is important to note that Alimony is not an automatic foregone conclusion in a divorce. The spouse that is seeking alimony must show an actual need for alimony or maintenance and that the other party has the financial means to pay alimony or maintenance. The term “financial means” refers the financial ability to pay alimony without creating an unjust financial burden on the individual who may be ordered to pay alimony.
When the court has determined that an award of alimony is justified, the court will consider various factors to determine what amount of alimony should be paid.
In the State of Florida there are 6 forms of Alimony:
- Permanent Alimony: More likely to be awarded in the case of long-term marriages (generally over 17 years) that are ending in divorce, when awarded, Permanent Alimony allows a spouse that has not worked during the majority of the term of the marriage - or has lower income or lower earning potential - to continue living under the same financial standard of living as during the marriage. In order to receive permanent alimony, it must not cause a financial hardship for the spouse who is to pay the alimony.
- Rehabilitative Alimony: Typically awarded in medium to short-term marriages that are ending in divorce, when awarded, Rehabilitative Alimony allows a spouse to receive financial payments to assist in establishing the capacity for self-support through re-establishing (redevelopment) previous skills or credentials, or the acquiring viable employment skills through education, training, or work experience necessary for the purpose of providing for his or herself. A Detailed Specific Rehabilitative Plan must be provided to the court for consideration when requesting Rehabilitative Alimony.
- Durational Alimony: This is a relatively new form of Alimony that may be awarded when Permanent periodic Alimony does not appear to be a fair and reasonable solution. In short, Durational Alimony may be ordered for a specific period of time (not longer than the marriage) to provide the spouse receiving the Durational Alimony with economic assistance for a set period of time following a marriage of short or moderate duration. A Rehabilitative Plan does not have to be filed with the court for this type of Alimony.
- Bridge-The-Gap Alimony: In the State of Florida, this type of Alimony will not exceed 2 years in the duration of support payments, and is intended to provide general financial assistance to allow the spouse receiving Alimony payments to make a smooth transition financially going from married life to single life after a marriage has ended.
- Temporary Alimony: In the State of Florida, this type of alimony may be awarded to a spouse to cover his or her financial needs from the time that the dissolution of marriage action is filed through the entry of the Final Judgment of Dissolution of Marriage.
- Lump Sum Alimony: This type of Alimony can be viewed in a rather broad scope. It may be ordered as a one-time financial payment that is legally binding against future financial Alimony claims against the spouse ordered to pay Alimony. Lump Sum Alimony may also be used to ensure fair and equal asset distribution. Lump Sum Alimony can be a very complex process, and seeking legal assistance to ensure your legal rights are protected at all times may be paramount in the outcome of Lump Sum Alimony negotiations and the language used in any legal agreement.
What the Court Generally Considers in Alimony (Spousal Support) Cases?
In divorce cases, alimony is based primarily on these important factors:
- The need of the requesting spouse; and
- The ability to pay the requested alimony amount does not put the one who will pay the alimony payments in a financial hardship in doing so.
- The amount of alimony is itemized so that the court may ensure the one who may be ordered to pay alimony will not be unnecessarily ordered to pay for specific items requested by the one seeking spousal support that are out of the scope of necessity.
The third factor is often accessed because alimony is designed to provide a necessary income supplement for the spouse seeking alimony... not for the purpose of allowing the one paying alimony to support the other spouse’s extravagant lifestyle choices.
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If you have questions or need to address legal issues relating to alimony, divorce, or other family law needs, seek the legal advice and representation of an aggressive alimony attorney. At Morris Law Firm, P.A., you will work with an experienced lawyer who is dedicated to protecting the legal rights of those in Cape Coral, Fort Myers, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Labelle, Lee County, Collier County, Charlotte County, Hendry County and Southwest Florida.
Call 239.772.1635 to discuss your legal rights, options, and needs.