Fleming Island Spousal Support Attorneys

Helping You Understand & Protect Your Rights

Spousal support, also known as alimony, is a common issue in many divorce cases. If you are going through a divorce, you may be wondering if you will be required to pay spousal support or if you will be eligible to receive it. At Owenby Law, P.A., we understand that spousal support can be a complex and confusing issue. Our Fleming Island spousal support lawyers are here to help you understand your rights and options.

Contact us today at (904) 479-2391 to request a consultation with our team.

What is Alimony?

Spousal support in Florida, often referred to as alimony, is financial assistance paid by one spouse to the other after a divorce or separation. It's designed to help the lower-earning spouse maintain a similar standard of living that was established during the marriage.

There are various types of alimony in Florida:

• Bridge-the-gap alimony: This is short-term support to help one spouse transition from being married to being single. It can't exceed two years.
• Rehabilitative alimony: This type of support is intended to help the receiving spouse acquire education, training, or credentials to become self-supporting.
• Durational alimony: This form of support is awarded for a set period after a marriage of short or moderate duration. The length of the alimony cannot exceed the duration of the marriage.
• Permanent alimony: This is less commonly awarded and generally reserved for long-term marriages where one spouse may not have the ability to support themselves adequately.
• Temporary alimony: During the divorce proceedings, temporary alimony might be awarded until a final decision regarding the type and amount of alimony is made.

How is Spousal Support Determined in Florida?

Florida courts have a great deal of discretion when it comes to determining spousal support. There is no specific formula for calculating spousal support in Florida. Instead, the court will consider a variety of factors to determine if spousal support is appropriate and, if so, how much should be awarded and for how long.

Some of the factors the court will consider include:

• The length of the marriage
• The standard of living established during the marriage
• The financial resources and earning capacity of each spouse
• The age and physical and emotional health of each spouse
• The financial resources of each spouse, including marital and non-marital assets and liabilities
• Each spouse's contribution to the marriage, including homemaking, child care, education, and career building
• Any other factors the court deems relevant

How Long Does Spousal Support Last in Florida?

As mentioned above, the court will determine the duration of spousal support based on the specific circumstances of your case. In general, however, the duration of spousal support will be based on the length of the marriage. For example, if you were married for less than 7 years, the court may only award spousal support for a few months or years. If you were married for 17 years or more, on the other hand, the court may award permanent spousal support.

Can Spousal Support Be Modified in Florida?

Yes, spousal support can be modified in Florida. However, the court will only modify a spousal support order if there has been a substantial change in circumstances. For example, if the spouse receiving spousal support gets a new job and starts earning a higher income, the court may modify the spousal support order. Similarly, if the spouse paying spousal support loses their job and can no longer afford to make the payments, the court may also modify the order.

Can Spousal Support Be Waived in Florida?

Yes, spousal support can be waived in Florida. Many couples include a spousal support waiver in their prenuptial or postnuptial agreement. If you and your spouse have a valid prenuptial or postnuptial agreement that includes a spousal support waiver, the court will generally uphold the agreement and not award spousal support.

How Does Cohabitation Affect Spousal Support in Florida?

In Florida, spousal support will generally terminate if the spouse receiving support gets remarried. However, if the spouse receiving support is in a supportive relationship with another person, the court may not terminate the spousal support order. Instead, the court may modify the order to reduce the amount of support being paid.

How Our Firm Can Help

At Owenby Law, P.A., our Fleming Island spousal support lawyers can review your situation, help you understand if you are eligible to receive spousal support, and, if so, how much you may be entitled to receive. We can also help you understand if you may be required to pay spousal support and, if so, how much you may be required to pay. Our team can guide you through the entire legal process and work to protect your rights from start to finish.

Contact us today at (904) 479-2391 today to schedule a consultation with our spousal support lawyers in Fleming Island.