Winter Park Spousal Support Lawyer

Spousal support can be a challenging and sometimes contentious part of many divorces. Fortunately, family law attorney Anthony Diaz is the Peacemaker, focusing on helping clients resolve divorce and family law issues collaboratively, calmly, and outside the courtroom. Our Winter Park spousal support lawyer could guide you if you are seeking alimony or defending against unfair payment requests. We are here to serve you with compassion, patience, and understanding.

When Do Courts Order Alimony as Part of a Divorce?

State law refers to spousal support as alimony. When a spouse seeks support, the court will review the request and make its determination based on that spouse’s need and the other spouse’s ability to pay. The burden of proof falls on the spouse requesting payments.

Divorcing couples can choose to present their spousal support case to a judge, who will make a ruling. However, our firm believes collaborative divorce is a better option. The collaborative divorce process gives spouses the chance to work through issues together without going to court. Our Winter Park attorney could help you negotiate fair alimony payments rather than leaving the decision to a judge.

What Do Courts Consider When Determining Support Payments?

Florida Statutes § 61.08 outlines factors the court will consider when determining the amount of alimony payments. These factors will also affect alimony negotiations in a collaborative divorce, and they include:

• The length of the marriage
• The standard of living established during the marriage
• The age and physical, mental, and emotional health of each spouse
• The responsibility each spouse has for the minor children they have together
• Each spouse’s earning capacity, education level, vocational skills, and employability
• Each spouse’s financial resources and income, including income from marital and nonmarital assets
• The contribution of each spouse to the marriage, including child rearing, homemaking services, and contributions to the other spouse’s career and education building

Our attorney in Winter Park could help you obtain and organize financial information and other evidence to prove your alimony case. We want to help you and your spouse reach an agreement that leaves you, not the court, in control.

Types of Alimony

How long a marriage lasts affects the type of alimony a spouse can receive. Under state law, a short-term marriage is less than 10 years, a moderate-term marriage is between 10 and 20 years, and a long-term marriage is 20 years or longer. The following are the four types of alimony a Winter Park lawyer could assist you with.

Temporary Alimony

Temporary alimony is short-term support that lasts while a divorce proceeding is ongoing. A more permanent type of alimony will replace it once a final divorce decree is in place.

Bridge-the-Gap Alimony

Bridge-the-gap alimony is intended to help with the transition from being married to being single and cannot last longer than two years. Payments also terminate upon death or remarriage.

Rehabilitative Alimony

Rehabilitative alimony provides resources to help a spouse become able to support themselves. These payments can go toward the redevelopment of skills and credentials, as well as education and training.

Durational Alimony

This type of alimony is awarded for a longer, set time period. Payments typically cannot last longer than 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage.

Contact Our Winter Park Attorney for Help With Alimony

Divorce is challenging, but the collaborative divorce process can make it easier and less stressful. Our Winter Park spousal support lawyer could work with you and your spouse to resolve alimony issues out of court. Contact the Law Firm of Anthony today to find out more.