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Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, & Personal Bankruptcy. We practice primarily in Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, North Tampa, Plant City and all of Tampa Bay. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes. We also have attorneys who are very knowledgeable and experienced in all areas of criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla Español.

Saturday, October 4, 2014

What Factors does a Court Consider when Awarding Florida Alimony?

The end of a marriage can be a trying time, both emotionally and financially. For many people, fundamental aspects of their daily life will change dramatically, including where they live, how often they see their children, their day-to-day routine, and even whether or not they have a job. In some cases, one of the parties to a marriage has forgone pursuing a career in order to support his or her spouse, or may have left the workforce early in order to raise a family or manage the marital home.
Florida Alimony
Of course, the parties to a marriage both have financial needs, both during the marriage and afterwards, should it end. The law that governs the way marriages end recognize this fact, and provide for an equitable distribution of the marital assets upon dissolution. Additionally, Florida Courts are authorized by law to award additional financial support based on one party’s need and the other party’s ability to pay. This type of arrangement is referred to as “alimony” by Florida law, but can also be called “spousal support” or “maintenance.” There are several types of alimony that may be awarded, including bridge-the-gap, rehabilitative, permanent, durational, or lump-sum alimony.
Several Factors Considered
In determining whether or how much alimony to award, Florida courts are specifically authorized to consider the adultery and the circumstances under which it occurred. If the court decides to award alimony to either party, it can consider all relevant factors, including the following:
  • The standard of living the couple enjoyed during the marriage;
  • How long the marriage lasted;
  • Each party’s age and physical condition;
  • Each party’s financial resources, including the distribution of the marital and non-marital assets and debts;
  • Each party’s contribution to the marriage, including caring for children, caring for the home, education, and career building of the other party;
  • The earning potential, education, job skills, and employability of both parties and the time it would take either to obtain education or training that would allow either party to obtain employment;
  • Each party’s responsibility with respect to children;
  • The tax consequences of an alimony award;
  • All sources of income available to either party; and
  • Any other factor necessary to achieve equity and justice between the parties.
As one can see, courts have significant discretion in Florida in determining whether and how much alimony to award. As a result, it is important for anyone seeking alimony to present their case in the strongest light possible. An attorney who understands how Florida family courts operate can help collect and present evidence on your behalf in a way that will maximize your chances of obtaining a favorable result. In some cases, an attorney may even be able to negotiate an alimony settlement with your spouse without intervention by the court.
Contact a Tampa Family Attorney Today to Schedule a Free Consultation
Anyone who is seeking to obtain or avoid an alimony payment should discuss their situation with an experienced family law attorney as soon as possible. Contact an experienced Tampa Bay alimony attorney at All Family Law Group, P.A. by calling 813.321.3421 for a consultation at no charge.
By Lynette Silon-Laguna Google

4 comments:

  1. It's good to know the factors the court considers when they're awarding alimony. I'm in the middle of a divorce right now, and I'm pretty sure that I'm going to have to pay alimony. It's just good to know what to expect so I can budget for it. It seems like a lot of things on that list would be pretty hard to determine without an experienced attorney. We've been trying to do our divorce without an attorney, but maybe it's time to contact one to help me out with this alimony part. http://www.borowieclaw.com

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    1. I agree with you, Gerald. It's always good to know what the chances are of you having to pay, so that you can adequately prepare. I think that's also why it's such a good idea to look into finding a good family law firm. They can let you know what to expect and how to prepare for it. Divorce is never easy, so having someone help you through it is always greatly appreciated. http://www.lawfirmvirginia.com/legal-practice-areas/family-law/

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