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Determining Alimony in a Florida Divorce

If you have decided to leave your marriage, then you may be entitled to alimony. In Florida, you must be legally married to receive alimony because the state does not recognize common law marriages. Therefore, palimony is not an option, but you may have other legal remedies under Florida law. The only exception to this rule is that your relationship started in another state, and you moved to Florida. If you are legally married, however, you may be eligible for up to four different types of alimony.

Temporary Alimony

Temporary alimony allows the disadvantaged partner to get up on their feet when leaving the marriage can be difficult for them. The court will balance the needs of the person against their spouse’s ability to pay. In Fonderson v. Lairap, the court ruled that a person leaving a marriage is entitled to the same standard of living as they enjoyed during the marriage if the spouse can pay for it. Therefore, it is vital to work with a competent family law practice in Winter Park, like Frank Family Law Practice, to prove your current lifestyle and your spouse’s ability to support it.

Permanent Alimony

The Florida court system can also award permanent alimony where payments are made periodically forever or until the person gets remarried or as a one-time lump sum payment. The court system takes several facts in mind to determine if a spouse should receive permanent alimony, including age, physical and mental condition, duration of the marriage, assets, liabilities, the standard of living and contributions to the marriage.

Rehabilitative Alimony

This type of alimony is designed to maintain a person’s current standard of living while a plan is carried out to allow that individual time to get back on their feet. The goal of this rehabilitative alimony is to allow the person time to build their skills or knowledge so that they become self-sustaining. In Antepenko v. Antepenko, a Florida court ruled that rehabilitative alimony can be changed based on a substantial change in circumstances that the court did not foresee when the court made the original judgment. The change must be permanent and involuntary.

Transitional Alimony

Transitional alimony is a one-time payment designed to help one person get on with their lives. The money paid by the spouse is often used to help the other spouse get another place to live. It is sometimes called bridge-the-gap alimony.

You need to work with a highly competent family law practice in Winter Park to determine the best alimony plan in your divorce case as there are often no easy answers. Therefore, you need to call Frank Family Law Practice today. While this board certified marital and family lawyer often recommends using collaborative divorce proceedings, she is also prepared to take your case to court when necessary. Call them today to set up your first appointment.