Child Support Attorney in Jacksonville FL
Serving Jacksonville, Jacksonville Beach and Throughout Florida
Alimony is spousal support awarded as part of a divorce settlement. In a divorce, the Court may grant alimony to either party. To grant alimony the Court must find that a party has “actual need” and that the other party has the “ability to pay alimony or maintenance.” Spousal support is in addition to, not in lieu of other money issues such as child support and property division.
In Florida, the court may calculate alimony based on such factors, such as:
- The length of marriage
- The standard of living during the marriage
- The age and health of both spouses
- The financial resources and available income sources of each spouse
- The education level and earning capacity of each spouse
- Contributions each party has made to the success of the other
- The child-rearing responsibilities of each spouse
Unlike child support, there is no standard calculation for alimony in the state of Florida. The court looks at each case individually to determine if alimony is appropriate, at what rate, and for what duration.
As noted, the Court considers the length of the marriage as a factor to determine which type of alimony is appropriate. Determining alimony is based on the following presumptions:
- Short-term marriage = less than 7 years
- Moderate-term marriage = more than 7 years but less than 17 years
- Long-term marriage = 17 years or longer
The Types of Alimony
Bridge-the-gap alimony may be awarded by providing support to aid in the transition from being married to an independent, single life. This form of support is designed to assist with short-term financial needs for up to two years, death, or remarriage.
Rehabilitative alimony may be awarded to assist a party to establish self-sufficiency by seeking or continuing education, training, or work experience necessary to develop employment skills. This type of alimony requires a specific and defined rehabilitative plan and may be modified or terminated upon a substantial change in circumstances, noncompliance with the plan or completion of the plan.
Durational alimony may be awarded when permanent alimony is not appropriate. This form of alimony provides an individual with economic assistance for a set period of time following a short or moderate-term marriage, and can be modified or terminated upon a change in circumstances, noncompliance, completion of the plan, or death.
Permanent alimony provides for the needs and necessities of life as they were established during the marriage for a party who cannot financially meet their needs and necessities of life after divorce. This may be awarded after a long-term marriage, a moderate-term marriage upon consideration of certain factors, or a short-term marriage if there are exceptional factors. Similar to the other types of alimony discussed, this type of support can be modified or terminated upon death, or other change in circumstances.
Need Help With A Child Support Attorney in Jacksonville FL
Our Child Support Attorneys in Jacksonville, FL at Hardesty, Tyde, Green & Ashton, P.A., are experienced in handling post-dissolution of marriage proceedings, such as: enforcement of child support and alimony, visitation, child custody, and enforcement of other rights under a Final Judgment of Dissolution of Marriage.