Orange Park Spousal Support Attorney

Protect Your Rights & Fight for Your Future

Spousal support, also known as alimony, is one of the most contentious issues in a divorce. Whether you are seeking alimony or you are worried that you will have to pay, it is important to have an attorney who is experienced in alimony issues by your side.

At Owenby Law, P.A., we have helped many clients navigate the complex world of spousal support. We understand the process and know exactly how to get you the spousal support you need and deserve.

Call (904) 263-5759 or contact us onlineto learn more about how we can help you.

Understanding Spousal Support

Spousal support in Florida, commonly referred to as "alimony," is a financial support that one spouse may be required to pay to the other following a divorce or separation. The purpose of alimony is to provide financial assistance to the lower-earning or financially dependent spouse to help them maintain a similar standard of living as during the marriage, at least to some extent.

When determining whether to award alimony and how much to award, Florida judges consider a variety of factors, as outlined in Florida Statutes Section 61.08. Some common factors that judges may consider when determining alimony in Florida include:

• The standard of living during the marriage: The court will assess the lifestyle that the spouses maintained during the marriage, as this is a key factor in determining the appropriate amount of alimony.
• The length of the marriage: The duration of the marriage is an important factor in determining the type and duration of alimony. Short-term and long-term marriages may have different alimony considerations.
• Each spouse's financial resources and income: The court will evaluate each spouse's income, assets, and debts to assess their financial standing.
• The age and physical/mental health of each spouse: The court considers the age and health of both spouses, as these factors can impact their ability to support themselves.
• Each spouse's contributions to the marriage: This includes both financial and non-financial contributions, such as homemaking, childcare, and support for the other spouse's career.
• The educational level and vocational skills of each spouse: The court may consider whether one spouse needs additional education or training to become self-supporting.
• Child custody and child support obligations: The court will consider whether one spouse is the primary caregiver of the children and how child support obligations affect the financial circumstances.
• Tax consequences: The potential tax implications of alimony for both parties are evaluated.
• Marital misconduct: While Florida is a no-fault divorce state, the court may still consider any acts of misconduct that materially affect the marital finances.
• Any other relevant factors: The court has the discretion to consider any other factors it deems relevant to the case.

Florida recognizes different types of alimony, including temporary, rehabilitative, bridge-the-gap, durational, and permanent alimony. The type of alimony awarded can vary based on the circumstances. For example, short-term marriages may result in temporary or bridge-the-gap alimony, while long-term marriages may lead to rehabilitative or permanent alimony.

Are You Entitled to Spousal Support?

Eligibility for spousal support, or alimony, in Florida is determined based on several factors that take into account the financial and personal circumstances of the divorcing spouses. To be eligible for spousal support in Florida, a spouse typically needs to meet certain criteria:

• Need for Support: One spouse must demonstrate a financial need for alimony. This need can be due to an inability to maintain the same standard of living enjoyed during the marriage or a requirement for financial support to cover necessary expenses.
• Ability to Pay: The other spouse must have the financial ability to provide spousal support. This means they have sufficient income or assets to pay alimony without suffering undue hardship.
• Marital Relationship: The spouses must be legally married and currently going through a divorce or separation process. Spousal support is typically not available to unmarried couples.
• Relevant Factors: The court considers various factors when determining eligibility and the amount of spousal support, as mentioned in the previous response.

It's important to note that eligibility for spousal support in Florida is not automatic, and it depends on the specific circumstances of the case. The court will consider the length of the marriage, the financial resources of each spouse, their contributions to the marriage, and other relevant factors to make a determination.

Ready to Help

The experienced attorneys at Owenby Law, P.A. are experienced in all aspects of Florida divorce law and can help you with every step of your case. Let us help you start a new chapter in your life.

Schedule a consultation online or call us at (904) 263-5759to get started today.