Filing for Divorce as a Stay-at-Home Spouse

When someone starts contemplating divorce, a number of considerations must be factored into the final decision. For spouses who chose to pause their career in favor of raising children, the financial implications of divorce cannot be overstated. Concerns about supporting oneself and one’s children is naturally paramount, and can specifically manifest as worries over how feasible returning to work will be, as well as the impact on the child of putting him/her in daycare. Further, staying in the family home may not be possible, and the additional issue of finding a new place to live weighs on the ramifications of ending the marriage. All this is to say that stay-at-home spouses have an enormous amount of emotional and financial stress to manage in the wake of divorce. One source of money may be available in the form of alimony, or spousal support. However, a party seeking alimony should know that these awards are rarely permanent, so some type of alternative revenue stream will need to be found at some point. Further, getting an alimony award, and making sure it is paid, is another matter altogether.

In addition, you will not automatically receive alimony after you file for divorce until the judge orders it or it is paid voluntarily.  The judge will not order it until there is a temporary hearing on the matter.  Normally the parties are required to attend mediation prior to having a temporary hearing on alimony.  Furthermore, needing support is not usually considered to be grounds for an emergency hearing as there are so many people in the divorce process who need financial support during the process that it usually is not considered an emergency.

To help stay-at-home spouses understand their options in divorce, a discussion of the types of alimony available in Florida, as well as methods of enforcing payment, will follow.

Types of Alimony

The first thing to know about alimony awards is that a court will not issue one if the judge believes the party being asked to pay does not have the ability to so, or that a need for the support exists. For stay-at-home spouses, the need for support is almost always present, and courts have discretion over how much the alimony payments will be. In addition, courts can attribute income to spouses believed to be voluntarily earning less than they could when deciding if alimony is appropriate and how much it should be.

Florida has four types of alimony: bridge-the-gap, rehabilitative, durational and permanent. Other than the permanent option, the others are temporary, and meant to provide short-term financial support while the party needing assistance finds his/her own way to generate income.

Bridge-the-gap alimony is designed to provide for short-term needs as the spouse transitions to being single, and cannot exceed two years. Rehabilitative alimony provides financial support while a party gets the education or training needed to become self-sufficient. This type of alimony would be particularly relevant for stay-at-home spouses seeking to reenter the workforce. It lasts until the rehabilitation plan is complete, circumstances change, or the party stops complying with the plan. Durational alimony is for a set period of time, and is typically used for marriages lasting less than 17 years.  Finally, permanent alimony is available for parties unable to support themselves, but is generally reserved for marriages of 17 years or more, absent extenuating circumstances. Thus, this type of alimony is unavailable for most individuals.

Enforcing Compliance

When a judge issues a court order that includes an alimony award, the payment of this support becomes a legal obligation. Many ex-spouses resent having to pay this money, and attempt to avoid it. In these situations, enforcing compliance becomes necessary. There are a number of available legal options to force the payment of alimony, including civil contempt, liens and forced sale of property and wage garnishment.

Violating an order to pay alimony is considered to be in contempt of court, and if there is evidence that the non-payment was willful, the court can punish the delinquent party with jail time, fines or both. Further, if the delinquent party has assets, such as real estate or cars, pursuing a lien against the property, followed by a writ of execution to force the sale of assets, is a good option for collecting payment. If there are no assets, petitioning for the garnishment of wages is another avenue to obtain payment. Sometimes, it is even possible to collect future payments and attorney’s fees.

Ask for Help

Figuring out the financial implications of divorce is a pressing issue, and a divorce attorney can advise you on the short- and long-term consequences of the divorce process. This is information everyone needs up front, so do not delay consulting with an attorney about these concerns, or you may risk losing valuable rights. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Divorcing Later in Life

With approximately 44 percent of Americans going through a divorce at some point, millions of people in this country must make the often difficult transition from married to single. This adjustment is rarely easy, and the longer a couple is married, the more alien it will seem to live without the presence and support of a spouse. However, the rate of divorce for those 50 and older is on the increase, compared with the number of divorces among this group in 1990. The legal issues that typically impact divorces among older couples differ from those among younger couples. Conflicts around child support and child custody is a non-starter since the vast majority have adult children that no longer need support or care. However, couples married for decades often have much larger and more complex property holdings than someone earlier in life and career development. Retirement benefits are particularly important at this stage, especially if one spouse has been the primary or sole breadwinner for the duration of the marriage. In addition, alimony is more likely to be requested, and property division generally is more apt to generate conflict.

Retirement

Retirement benefits can easily form a substantial part of a person’s net worth, and the closer one is to retiring, the more pressing this issue becomes if divorce enters the picture. Florida law designates retirement benefits earned during the marriage as marital property and subject to equitable (fair) division. Retirement accounts that contain funds earned or contributed both before and after marriage are divided on a percentage basis, with only the amount collected after marriage subject to division. Further, if any of the retirement accounts are subject to ERISA, including pensions and 401ks, there are special rules that must be followed in order for an ex-spouse to receive a distribution as part of a divorce settlement. A judge must issue a Qualified Domestic Relations Order to permit an alternate payee to collect from a retirement account. Serious tax consequences come into play if this process is mishandled, so an attorney should be consulted to avoid potential penalties.

Alimony

Spousal support or alimony is more commonly requested among older divorcing couples in light of the economic disparity many of these marriages have. Women were less likely to work or have earned substantially less than their spouse. Thus, post-divorce these women are likely to struggle financially if assistance is not provided. Florida has four types of alimony, but the one particularly applicable to these situations is permanent alimony. The law permits courts to award permanent alimony in marriages of 17 years or more if there is a need for such support, and the examination of certain factors justifies the result, including:

• the couple’s standard of living;
• the length of the marriage;
• the age and mental/physical condition of each party; and
• each party’s financial resources.

Changing Beneficiaries

In addition to the immediate impact divorce has on the property rights of each party, older couples are more apt to have estate plans that include policies with the spouse listed as the primary beneficiary. While the law will automatically disinherit an ex-spouse in certain instances, the law’s effect depends on the type of estate plan in place. Some death benefits remain payable to the designated beneficiary regardless of divorce unless the beneficiary is specifically changed. Thus, all estate plan documents should be reviewed and revised to ensure an ex-spouse does not ascend to any unwanted rights.

Get Help

Divorce at any age is a difficult process, but divorce later in life brings unique considerations that should be taken into account. The Tampa Bay law firm All Family Law Group, P.A. will fully evaluate your situation, and advise you on the best course to achieve your goals, while also protecting your rights.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Alimony and How Courts Decide to Award Spousal Support

For a select few, divorce will be a seamless process that merely involves filing paperwork and waiting for a judge to issue a divorce decree. These seemingly easy dissolutions often involve couples that either had detailed prenuptial agreements or a very short marriage. For the rest, however, divorce will likely include some amount of disagreement requiring negotiation and compromise to resolve. One area that is often disputed is the payment of alimony or spousal support. Alimony is often requested in divorces where one spouse earns considerably more than the other, one spouse stopped working to raise children or otherwise support the household, or in marriages of long duration. A high profile couple in South Florida going through a divorce is currently battling over this issue as the wife has asked for alimony, as well as a sizeable portion of couple’s property. Alimony awards usually involve a balanced consideration by a court of what is fair to the spouse with greater financial resources and the spouse who needs assistance. Alimony law in Florida is complex, and does not provide a judge with hard-line rules on when an alimony award is appropriate. This leaves the outcome to a case-by-case analysis that is hard to predict. Despite this uncertainty, parties seeking alimony need to understand the various types of alimony permitted under Florida law so they know what to expect during the divorce process. A discussion of this issue will follow below.

Types of Alimony

Florida has four types of alimony that range from extremely temporary to permanent, and a judge can combine more than one type into an alimony award as needed. The four types are: bridge-the-gap, rehabilitative, durational, and permanent. Bridge-the-gap is the shortest type of alimony, and can last no more than two years. It is intended to assist a party with the transition from married to single and to cover specific short-term needs.

Rehabilitative alimony provides financial assistance to a party while he/she acquires or updates the skills needed to become self-supporting. A detailed rehabilitation plan must accompany these awards outlining precisely what the party intends to do to gain self-sufficiency.

Durational alimony is granted when permanent alimony is inappropriate or unnecessary. This alimony award is for a set period of time that cannot exceed the length of the marriage, and is difficult to modify once established.

Permanent alimony awards are approved when a party lacks the ability to meet his/her financial needs following divorce. It is typically reserved for marriage that lasted at least 17 years, and will only be given for shorter marriages if there is a strong showing of evidence to justify it.

Factors in Alimony Awards

Before a court can begin the alimony award analysis, two preliminary questions must be answered – is the alimony needed, and can the party being asked to pay afford it? Unless both of these questions are answered in the affirmative, a court will not even consider awarding alimony. Once this first hurdle is overcome, the court must then weigh a number of factors to determine if alimony appropriate is appropriate. These factors include:

• the standard of living enjoyed during the marriage;
• how long the parties were married;
• the age, physical health, and mental condition of the parties;
• the financial resources of each party;
• the earning capacities of each party;
• the contribution of each party to the marriage, including child care and career support provided; and
• the division of parental responsibilities between the parties for minor children.

Note that a court can consider evidence of adultery by a spouse in this analysis, and the length of a marriage is calculated from the date they couple married until one filed for divorce.

Get Legal Help

Getting divorced is a difficult time in a person’s life, and having the guidance of an experienced divorce attorney can take away some of the stress during this emotional time. At the Tampa Bay law firm All Family Law Group, P.A., we focus our practice on family law and divorce matters so we can provide well-informed legal representation to our clients.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Florida Divorce Modifications – How to Make Changes After a Divorce

Divorce can be a difficult process for families to go through. And, of course, there are many issues to review and resolve – many of which involve child custody and visitation. The finalized divorce will provide a court order that indicates the many terms of the divorce, including such things as division of assets and debts, alimony, child custody and parenting plans. Generally, these issues are settled during the divorce – but sometimes they may need to be revisited.

Reasons for Modifications

There are many reasons why a divorce order may require a modification. Sometimes the changes are granted and other times they are not. Generally, the change must be necessary and in the best interest of the child. In other words, making changes simply to satisfy the parent’s wishes are not usually considered necessary and may not be granted. Since children respond best to stability, especially after a divorce, big changes may not always be best for the child. If you are considering a modification request it is best to speak with a qualified divorce attorney to determine whether you have a legitimate request.

Modification Process

Modifications or changes to the divorce order must be made through the family court system. If you have a justifiable need for a modification you must request a hearing. At the hearing you must present evidence that justifies the need for the changes. In situations where the children were very young at the time of the divorce, the court will usually understand that some changes to the parenting arrangement may be required as the child grows and as the circumstances of the parents evolve. However, substantial changes must be proven necessary.

Parental Agreement

The hearing process allows both parents to provide evidence regarding the proposed request. In many cases, if your former spouse agrees to the changes there will be little to discuss with the judge. In some instances, however, parents are not in agreement as to the proposed changes. Both parents should have legal representation at the hearing to assist in providing evidence to support his or her position on the matter. If the child is now older, his or her desires may be taken into consideration as well. It is best to prepare well ahead of the hearing to ensure a smooth and fair outcome.

Fighting Modifications

Sometimes one parent proposes modifications that the other parent does not agree with. For example, one parent may wish to relocate and bring the child along. This would be a significant change to a shared parenting plan that may have been in place for years. While the parent who wishes to move will need to prove that this is in the best interest of the child, the other parent may need to provide evidence of the opposite. A custody challenge such as this one could arise at any time. Whether you need to make some changes to the divorce order or wish to fight a modification request, you will need the help of a skilled divorce attorney. Your lawyer will help you throughout the process and protect your rights. If you are in need of modifications, contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

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