Florida has one of the highest divorce rates in the nation.Four of the ten cities with the highest divorce rates are in Florida.If your marriage is coming to an end, you may want to consider asking for alimony.You can get the legal help you need with the right information.
Step 1: Look at the Florida statutes.
The Florida alimony laws are written in plain language.Before you talk with a lawyer about the possibility of alimony, you should read the statute.
Step 2: There are different types of alimony in Florida.
The court in Florida can grant alimony during a divorce.You and your lawyer should choose the type of alimony that best fits your situation."Bridge-the-gap" alimony has existed in Florida since the 1970s.It is a short term cash award to one spouse to speed up the transition from marriage to being single.Monthly payments are an example of bridge-the-gap alimony.This type of alimony is not subject to modification or revocation.When a spouse provides a valid plan to transition from being married to a single person, rehabilitation alimony can be awarded.Education and job training are usually included in rehabilitation plans.Failure to stick to the plan can result in the loss of alimony.In 2010 durational alimony went into effect.The new law recognizes that alimony may be appropriate in shorter marriages.The traditional factors that must be taken into account are age, education, job skills, child care, and earning capacity.At the end of the marriage, durational alimony is capped.As the name suggests, permanent alimony is what it is.The judge can award alimony if one of the spouses dies or remarries.It is intended for long marriages of over 17 years to have permanent alimony.If there is a significant change in circumstances or earning capacity, permanent alimony is subject to court modification.
Step 3: Take a look at the factors that control alimony.
A grant of alimony in a fault-based divorce is not automatic.A multi-factor test is used by the court to determine the amount and duration of alimony.The length of the marriage and the standard of living will affect alimony.A spouse who makes significant contributions over a period of many years will be more likely to get alimony.Child-rearing, maintaining a home, and contributing to the other spouse's financial success are all relevant factors.Each party's age, earning capacity and physical and emotional health will be looked at by the court.It is possible to achieve parity for a vulnerable spouse in a divorce.Independent sources of income will be considered.A spouse who has inheritance or investments that are not marital property will be less likely to receive alimony.The property division will be considered.The court can tip the equitable property division to the more vulnerable spouse in order to achieve fairness and parity.
Step 4: An outline is the best way to summarize your situation.
Time is of the essence when speaking with an attorney.Basic facts about your marriage are what an attorney will need to assess your case.The ages of your children and how long you've been married.You have age, education and job skills.If you left a job in order to support your spouse's career, as well as your employment history.The education and earnings of your spouse.List assets that include investments and retirement accounts.You and your spouse have military histories.Emphasizing your support of a military spouse's career can help you build your case for alimony.
Step 5: Contact a Florida family law attorney.
In Florida, the question of alimony is very complicated.Unless you have a lot of legal experience, you will not be able to handle a request for alimony on your own.You can get a referral from the Florida Bar Association.For a fee of $20 to $50 you can meet with an attorney who will handle your case for half an hour.If you like the lawyer, you can arrange for representation after that.Ask your friends and family for referrals if you feel comfortable talking about your situation.You would like to talk with someone who has the same experience as you.You must be careful to verify their skills and experience during your interview, as television and print advertisements can be a starting point.
Step 6: Retain an attorney.
A free consultation or a low fixed rate is what most attorneys offer.You can assess the attorney's skills, experience, success rate, and familiarity with cases like yours during your consultation.There is a lot of disagreement in Florida.The attorney has success with cases like yours.You want an attorney who knows how to conduct trials over issues like alimony.Ask about the costs.Divorce attorneys cannot split the property settlement or alimony on a contingency basis.Family law cases can be taken on a flat fee or hourly rate.You can negotiate a fee arrangement that works for your budget.The rates will go up from there.You should investigate the attorney's legal standing before signing a retainer agreement.There is a database ofDisciplinary Actions of the Florida Bar Association.You can check to see if the attorney is in good standing.
Step 7: Understand fault in alimony cases.
Most divorces in Florida are "no-fault," meaning that neither side is accusing the other of wrong-doing and both agree that the marriage should be dissolved.The alimony statute states that the court may consider the adultery of either spouse in determining the amount of alimony.If there is adultery in the marriage, it needs to be reported to your lawyer.Alimony won't be used as a punishment for a cheating spouse and will not disqualify either you or your spouse from receiving or paying alimony.adultery will be considered when it comes to assets.alimony may be awarded if one party depletes their financial accounts in support of the affair.
Step 8: Make a request for alimony in your divorce.
Unless you ask for alimony during the initial divorce petition or counterclaim, you can't ask later.The judge may find that alimony is appropriate if the other spouse can't pay.Long military deployment, extended volunteer service, or recovering from an illness are examples of legitimate examples.The court may suspect that a spouse is hiding assets.The judge can award nominal alimony of $1 per year.The court can revisit the issue of alimony at a later date.Post-decree alimony is very rare.If you believe your spouse committed fraud to avoid paying alimony, then you need to consult with an attorney who has experience in this type of law.
Step 9: Pay with a method and schedule.
In Florida, alimony can be paid monthly, quarterly, or in a single lump sum.Alimony is taxed in all the states.To structure the payment schedule to minimize tax consequences, you should consult with your attorney and tax professional.If you do not have children or are not receiving child support, alimony payments can be made directly and not through the state depository.The state depository is optional if you are receiving child support payments.If your ex falls behind on payments, you can apply to the state for assistance with collecting the money.
Step 10: All the information for your lawyer.
At the beginning of your divorce, you don't know what will decide alimony.You need to have good documentation in the form of records, receipts, or a detailed narrative of your contributions to the marriage and opportunities you gave up to support your spouse.At least six months before the divorce, begin gathering documents and planning your strategy.quitting school to raise children, giving up a job or promotion to move with your spouse, or working extra jobs are some of the lost opportunities.
Step 11: Don't tell your attorney anything.
Your attorney needs to know everything about your marriage before you divorce.adultery by either spouse, domestic violence, all assets, and if your spouse might be open to a settlement are some of the relevant factors.Make false allegations about domestic violence or child abuse.The approach is likely to fail.Loss of custody, denial of support, and citation for contempt of court are some of the Ramifications.
Step 12: Plans and goals can be created.
In Florida, permanent alimony is less popular.Bridge alimony is more common.You have to present a plan to the court to get rehabilitative alimony.A degree or job training is the most common plan to complete.If you submit this plan, you must be prepared to follow through with it or your ex- spouse can take you back to court and ask that it be canceled.If you have children and plan on returning to school, you can stretch your alimony award by asking that child support payments be adjusted.It is important that your alimony request is in line with your spouse's earning capacity.The judge will deny the request.You can use an online calculator to estimate alimony.
Step 13: Evaluate the judge's decision.
You can appeal the judge's decision to a higher court if you were denied alimony or received an award that is too low.The fee to file a case in Florida's Fourth District Court of Appeal is $300 and must be filed within 30 days of the final decision by the judge.After consultation with an attorney, appeals can be very complex.If you made a fee agreement with your lawyer, this assistance will not be included.Disagreement with the judge's decision is not grounds for appeal.You will have to be able to show specific times when the judge abused his discretion and failed to apply the correct law during your divorce procedure.
Step 14: Instead of alimony, consider a property settlement.
If you believe you can't get your spouse to pay alimony, you may be able to trade your rights for a better share of the assets.Discuss your options with your lawyer.