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
- 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.
Contact our team today to get started.