Tampa Spousal Support Attorney
How Alimony Works in Tampa, Florida
One of the major questions to be resolved in the divorce process is the issue of spousal support. In order for you to receive spousal support, also known as alimony, you will have to prove that your financial situation will be negatively impacted by the divorce to the degree that you will not be able to support yourself alone. Factors that will influence your chances of receiving support include the ability of your former spouse to pay and whether the circumstances of your marriage, for example your role as a homemaker, have inhibited your earning potential. If you are awarded spousal support, the judge will determine both the duration of your alimony payments and whether you will receive support over the course of several payments or in a lump sum.
Alimony can be classified as rehabilitative, durational, bridge-the-gap or permanent. Bridge-the-gap alimony is given on a temporary basis until the individual is able to transition from being married to their new life. Durational alimony is given after a longer marriage when there is not a need for permanent assistance or after a shorter marriage to provide temporary relief. Permanent alimony can be given in longer marriages for a person that is no longer able to provide themselves and is too limited on the type of work they could retain. Rehabilitative can be given on a basis dependent on when the individual develops certain skills or credentials or gains the proper training.
Determining If You Qualify
Under Florida Statute §61.08 alimony can be awarded to either party. When the court is looking to make a decision they will assess the following influences:
- The length of the marriage
- The responsibility of children that each spouse has
- The condition of each individual both mentally and physically
- The standard of living during the marriage
- The contribution of both individuals during the marriage
- Financial standing of both spouses
- The effect of taxes on both of them
- Any other related factors
On the other side of the issue, if you are the one who is being requested to pay spousal support, it is in your interests to protect yourself against unreasonable demands on your resources. In either situation, an understanding Tampa divorce attorney from The Law Offices of Manuel Fajardo can represent you in negotiations and in the courtroom to see that the terms of your divorce settlement do not put you in a position of financial hardship. You may already be paying support and if you believe there is adequate reasoning to do so, a modification may be sought. This can provide for a change to be made even after the terms of a divorce have already been finalized. It cannot be sought immediately after a divorce, but will need to demonstrate that over time a change has occurred that is sufficient of an alteration to be made.
These cases are important to handle carefully and with a qualified lawyer to ensure you either receive a fair payment of alimony or you are protected from paying it if to your spouse. At Law Offices of Manuel Fajardo, you will receive a free consultation regarding your case when you come to our office to learn more about your options for divorce. Whether you are considering divorce but are concerned about the impact it could have on your financial health, or if you have already begun the divorce process, we want to help you understand your rights so that you can make the best decisions for your future. We will work with you to pursue a fair plan for spousal support that will allow you to begin life after divorce in the best possible position. We offer our services in Spanish.