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ALIMONY

alimonyBradley Sherman is equally experienced at helping people obtain Alimony as he is at helping people avoid paying Alimony. Governor Scott has vetoed the Florida Legislature’s attempt to change the alimony laws, and unless something dramatic happens Florida’s Alimony laws are still controlled by Florida Statute 61.08. Florida judges are guided by this statute, but have much more discretion in determining appropriate alimony, making your selection of an experienced attorney even more critical.

 

A determination for Alimony is different than establishing Child Support. A parent is entitled to receive child support if a parent earns less than the other parent and has the child a substantial amount of the time. This determination is purely mathematical depending on the amount of overnights each parent has with the child(ren) and the measure of disparity of income between the parents. Child support is calculated by a specific formula as defined by Florida Statute 61.30, whereas there is no set formula for establishing Alimony.

 

Florida Judges are guided by the factors contained in Florida Statute 61.08 for awarding or denying requests for alimony. However, by comparison to the child support statute, Judges have much more discretion when it comes to alimony considerations. The discretion afforded to Judges for awarding or denying requests for alimony makes the attorney’s task much more difficult. Florida case law is the most important tool available for helping persuade Judges to either grant or deny a claim for alimony. Bradley Sherman will put his research experience to work for you and find the best case law that applies to your circumstances. You will need an attorney who can find and use past and current case law to best help you with your case.

 

In any divorce action, the court may grant alimony to either party. The types of alimony currently recognized by Florida law includes permanent, durational, bridge-the-gap, rehabilitative, or any combination of these forms of alimony. Florida Statute requires the court to first divide all assets and debts before addressing alimony.

Contact an Alimony Attorney

With our newest office in Orange City, Florida, our law firm represents clients across Volusia County Florida in alimony cases and family law matters. We are ready to help you.

Use the contact form here, or call 386-532-6000 to speak with an alimony attorney today and schedule your free initial consultation.

Free Initial Consultation

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alimonyBradley Sherman is equally experienced at helping people obtain Alimony as he is at helping people avoid paying Alimony. Governor Scott has vetoed the Florida Legislature’s attempt to change the alimony laws, and unless something dramatic happens Florida’s Alimony laws are still controlled by Florida Statute 61.08.

 

A determination for Alimony is different than establishing Child Support. A parent is entitled to receive child support if a parent earns less than the other parent and has the child a substantial amount of the time. This determination is purely mathematical depending on the amount of overnights each parent has with the child(ren) and the measure of disparity of income between the parents. Child support is calculated by a specific formula as defined by Florida Statute 61.30, whereas there is no set formula for establishing Alimony.

Contact an Alimony Lawyer

With our newest office in Orange City, Florida, our law firm represents clients across Volusia County Florida in alimony cases and family law matters. We are ready to help you.

Use the contact form here, or call 386-532-6000 to speak with a alimony lawyer today and schedule your free initial consultation.​​

Free Initial Consultation

Florida Judges are guided by the factors contained in Florida Statute 61.08 for awarding or denying requests for alimony. However, by comparison to the child support statute, Judges have much more discretion when it comes to alimony considerations. The discretion afforded to Judges for awarding or denying requests for alimony makes the lawyer’s task much more difficult. Florida case law is the most important tool available for helping persuade Judges to either grant or deny a claim for alimony. Bradley Sherman will put his research experience to work for you and find the best case law that applies to your circumstances. You will need an attorney can find and use past and current case law to best help you with your case.

 

In any divorce action, the court may grant alimony to either party. The types of alimony currently recognized by Florida law includes permanent, durational, bridge-the-gap, rehabilitative, or any combination of these forms of alimony. Florida Statute requires the court to first divide all assets and debts before addressing alimony.

The Court must first determine if the requesting spouse is entitled to alimony, which is largely guided by the following factors:

  1. The standard of living enjoyed during the marriage;
  2. The length of the marriage;
  3. The age and condition of the parties;
  4. The earning and other capacities of the party’s;
  5. Each party’s Contributions to the Marriage;
  6. Each parties responsibilities for any Minor Children in common;
  7. Tax consequences that an alimony award would create for both parties;
  8. All sources of income available to each party; and
  9. Any other factor necessary to find equity and justice for both parties.

 

After the determination on equitable distribution, the court then considers requests for alimony. An easier method of evaluating the alimony issue is to closely examine the financial needs of each spouse, and each spouse’s ability to pay money to the other.

 

The statute as amended July 1, 2011, suggest the court consider claims for durational alimony if there is no ongoing need for support on a permanent basis. See §61.08(7).

 

Permanent alimony may be awarded following a marriage of long duration if it meets conditions set forth in subsection 2 of the statute.    Permanent alimony may also be awarded following a marriage of moderate duration if clear and convincing evidence exists, and after consideration of the factors set forth in subsection 2 of the statute.  Permanent alimony can be awarded following a marriage of short duration if there are written findings of exception circumstances.

 

In awarding permanent periodic alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. The award of alimony may not leave the payor with significantly less income than the net income of the recipient unless there are written findings of exceptional circumstances. These rules apply to all awards of alimony entered after July 1, 2011, and to all modifications of alimony to such awards made after July 1, 2011.

Call the Orange City office for a free consultation 386-532-6000