Navigating Alimony in Martin County: Choosing a Spousal Support Attorney in Stuart

The dissolution of a marriage is the legal process by which a marital union is dissolved; it also initiates a long and complicated process of disentangling the joint finances that accumulated over the period of the marriage. For many people in Martin County, one of the most important and frequently litigated issues involved with this process is spousal support or alimony. Alimony is a method for minimizing the negative economic consequences caused by divorcing one's spouse; it allows the spouse who has lower income or who has been out of the work force to obtain financial assistance during the transition period while he(she) seeks to become self-sufficient and establish his/her own independent lifestyle. Because Florida has a detailed and frequently revised set of statutes which govern the award of alimony, it is critical for you to hire an experienced Spousal support attorney Stuart so that you will be able to protect your financial future.

If you are looking for financial support in order to establish yourself as an independent person, or if you want to defend yourself against an unreasonable request for alimony, you must be aware that the legal strategy you employ can affect your financial obligations and/or resources for many years to come.

Florida’s alimony laws are complex and require a judge’s discretion when determining amounts awarded to the parties involved. Unlike child support, which has a rigid predetermined formula or table, alimony involves the judge considering many qualitative and quantitative criteria. There is no simple plug-in method for calculating alimony.

The first step in determining whether to award spousal support is an explicit threshold determination by family court judges: Is there a proven financial need on the part of one spouse for alimony, and does the other spouse have the requisite ability to pay?

Once the need versus ability threshold is properly established, your attorney must then assist in evaluating a number of statutory criteria as set forth in Florida’s alimony statutes, including

Length of the Marriage: The length of the marriage is one of the foundational anchors courts use when determining alimony. Marriages are classified by length (e.g., short-term marriages (less than 10 years), moderate-term marriages (10-20 years), long-term marriages (20 years and greater)). Those classifications provide the basis for the types of alimony that may be ordered by the court.

Standard of Living: The standards of living established by the parties in the course of their marriage establish the benchmark (or standard) of reasonable post-divorce financial situation that the court will use in making a determination of alimony.

Age and Health: The ages and health of the parties are critical factors, particularly with respect to whether either spouse will be able to re-enter the workforce.

Financial Resources & Earning Capacity: Examines all assets Pursuant to fair distribution and the educational background, occupational skill set, and employability respective to both parties.

Contributory Role: Recognizes that there are non-financial contributions from a spouse's role such as homemaker, child care and career advancement of their spouse which increases the other's earning ability. 

Types of Alimony in Florida

Depending on the specifics of your marriage, family courts have the discretion to award you one or more of the types of alimony/adlima as outlined below:

Bridge-the-Gap Alimony: This type of alimony is intended to assist a party during the period between married & single through support for validly identified, short-term needs related to a transition from married to single status. Bridge alimony has a two year limit on duration and is not modifiable in duration.

Rehabilitative Alimony: Specific to rehabilitating a spouse into self-sufficiency based on an individual plan of education/educational training, vocational education, or work experience.

Durational Alimony: A specified time period as a form of alimony after 1) a short term marriage, or 2) moderate term marriage, or 3) long term marrriage where there is not a legal justification for permanent support. According to Florida law, durational alimony shall not exceed the period of time of the marriage unless there are extraordinary circumstances.

The Value of Having an Advanced Business and Financial Background about Spousal Support (Alimony)

Alimony disputes can often become contentious when one party attempts to conceal their income, understate their income from their business, or intentionally reduce their job to manipulate the court's calculations. Successfully addressing these kinds of disputes requires an attorney with a high level of financial intelligence.

At the Law Offices of Grant J. Gisondo, P.A. you'll work with an attorney that is a Florida Bar Board-Certified Specialist in Marital and Family Law and who also has a strong background in business, marketing, and finance. Because of this combination of expertise, Attorney Gisondo can conduct a complete audit of complicated tax returns, examine the structure of corporations to determine the level of income of self-employed individuals, analyze executive bonus programs, and collaborate effectively with forensic accountants. This guarantees that your true financial condition and that of your spouse will be accurately reported to the court.

Post-Judgment Changes to Alimony and Enforcing Alimony

Alimony orders are based on the state of the finances at a particular date (the date of divorce). Life does not remain unchanged after a divorce. During the months and years after the divorce, sometimes major changes occur that affect the financial reality of one or both former spouses. The legal system allows for changes to be made if there is a significant change in circumstances.

Modifying Alimony

According to Florida Statute § 61.14, one of the parties may file a petition with the court seeking to modify an award of spousal support based on "substantial, material, involuntary and permanent changes in circumstances." Some common reasons for seeking a modification include when the payor reaches a bona fide retirement through normal age progression, has sustained a sudden and permanent medical disability, or has experienced a significant, involuntary reduction in income, as well as when the payee has begun receiving support from a new cohabitating partner.

Contempt and Enforcement of Alimony

When a former spouse has intentionally failed to pay court-ordered alimony, an attorney can file a Motion for Contempt and Enforcement. Judges in Florida have the ability to enforce alimony payments strictly, and can utilize various enforcement methods, such as garnishing the payor's wages directly from his or her paycheck using an Income Deduction Order (IDO), freezing the payor's bank accounts, attaching liens to the payor's real property, awarding interest on arrears, and ordering that the payor reimburse your attorney’s fees. In the most egregious instances of willful noncompliance, a judge can issue an arrest warrant against the payor.

Protecting Your Financial Independence

Alimony cases should be handled with an appropriate combination of empathetic customer support and aggressive, detail-oriented legal execution. Whether the best way to achieve your objectives is through structured mediation or prolonged litigation in the courtroom, working with an expert Alimony attorney martin county can protect your interests, clarify your responsibilities and obligations, and secures your long-term independence.