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Plant City Alimony Attorney

About Spousal Support in Hillsborough County

One of the most contentious issues in a divorce is often the question of whether one of the spouses will be ordered to pay alimony to the other, and if so, how much. In Florida, there are several types of alimony. The requirements for each are different.

Permanent Alimony

This is what most people think of when they hear the word "alimony". It means "permanent until further order of the court". It can be modified if circumstances change, or at retirement. Here are the basic questions that need to be answered before knowing if you might be eligible for alimony, or if you might be required to pay alimony:

  • How long were you married?
    Florida statutes require that a marriage be a "long term" marriage before a judge has the authority to order anyone to pay permanent alimony to their spouse. The Florida Statute, however, does not define what a long term marriage is. As a general rule, a ten year or more marriage may qualify as being "long term". Anything under that is considered a gray area.
  • Does one spouse have a need for alimony?
    One spouse must have a need for alimony. This need will be determined by several factors, but the main document will be the spouse's financial affidavit. The financial affidavit will list all income, expenses, assets, and liabilities. The spouse seeking alimony must show that they have more expenses than income, and need the assistance of the other spouse.
  • Does the other spouse have the ability to pay alimony?
    The other spouse must have an ability to pay the alimony. This again will be determined in large part by the financial affidavit of the other spouse. If their income and legitimate expenses do not leave enough left over to pay alimony, then the court will not require them to pay it. The court must find that the other spouse has an ability to pay the alimony.

The above is very condensed are there are many factors to consider. Ask yourself the following questions:

  • Did one spouse stay home with the children? Did they give up a career to stay with the children?
  • Did one spouse work so the other could go to school and get a career?
  • Is one spouse disabled?

If the answer to any of the above is yes, then there is a greater chance the court will award alimony if it is a long term marriage and there is an ability to pay.

Temporary Alimony

Although this type of alimony has a few different variations and names, Bridge the Gap, Rehabilitative, etc., it has the same requirement as above, except you don't necessarily have a long term marriage. This type of alimony is harder to get, but it may be appropriate with shorter term marriages.

Discuss Alimony with Your Plant City Divorce Lawyer

Alimony cases can be more contentious than cases where spouses are fighting over child custody. Most of the time, if there is a clear cut cases for alimony, a settlement can be reached prior to trial. To find out more about the subject and learn how I can assist you as your Plant City divorce lawyer, contact my office now for an initial consultation.

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Law Office of Keith Will Wynne, Esq. - Plant City Bankruptcy Lawyer

Plant City Office - 1001 E. Baker Street, Suite 101, Plant City, FL 33563. Phone: (813) 567-5894 | Local Phone: (813) 752-3100.

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