How Spousal Support Works After Divorce in Florida

Understanding Spousal Support (Alimony) in Florida

⚖️ Spousal support, also known as alimony, is a payment from one spouse to the other following a divorce or separation. In Florida, the purpose of alimony is to provide financial assistance to a spouse who needs it, taking into consideration the circumstances of both parties. It's not automatic; it's awarded based on specific factors outlined in Florida Statutes.

Florida Statute 61.08 governs alimony. Understanding the different types of alimony is crucial.

• 👉 Bridge-the-Gap Alimony: Designed to help a spouse transition from married life to single life. It's short-term (typically no longer than two years) and non-modifiable.
• 👉 Rehabilitative Alimony: Aimed at helping a spouse develop job skills or education to become self-sufficient. It requires a specific and defined plan.
• 👉 Durational Alimony: Awarded when permanent alimony isn't appropriate, especially in marriages of short or moderate length (less than 17 years). It can't exceed the length of the marriage.
• 👉 Permanent Alimony: Reserved for long-term marriages (17 years or more) where one spouse has a significant need for support and the other spouse has the ability to pay. It continues until the death of either party or the remarriage of the receiving spouse.

Factors Determining Spousal Support in Florida

✨ Florida courts consider numerous factors when determining whether to award alimony and the type, amount, and duration of the award. Some of the key factors include:

• 👉 The Standard of Living Established During the Marriage: This is a significant factor. Courts consider the lifestyle the couple enjoyed during the marriage.
• 👉 The Length of the Marriage: Longer marriages are more likely to result in alimony awards, particularly permanent alimony.
• 👉 The Age and Physical and Emotional Condition of Each Party: These factors can impact a spouse's ability to earn income.
• 👉 The Financial Resources of Each Party: This includes marital assets, non-marital assets, and income-earning potential.
• 👉 The Earning Capacities, Educational Levels, Vocational Skills, and Employability of the Parties: The court assesses each spouse's ability to earn income in the future.
• 👉 The Contribution of Each Party to the Marriage: This includes contributions to the care and education of children, homemaking, and career building of the other party.
• 👉 The Responsibilities Each Party Will Have With Regard to Any Minor Children They Have in Common: Childcare responsibilities can impact a spouse's ability to work.
• 👉 Tax Treatment and Consequences to Both Parties of Any Alimony Award: Alimony is no longer deductible for the payor or considered income for the recipient for divorces finalized after December 31, 2018.
• 👉 All Sources of Income Available to Either Party: This includes investment income, retirement benefits, and other sources of income.

Enforcing Spousal Support Orders in Florida

❗ Obtaining a spousal support order is only the first step. Enforcement becomes necessary when the paying spouse fails to meet their obligations. Here's how you can enforce spousal support orders in Florida:

• 👉 Contempt of Court: This is the most common method. If the paying spouse willfully fails to pay alimony as ordered, they can be held in contempt of court. This can result in fines, jail time, or both. To pursue contempt, you must prove the paying spouse had the ability to pay but chose not to.
• 👉 Income Deduction Order: Florida law allows for income deduction orders (wage garnishment) to collect alimony directly from the paying spouse's paycheck. This is a reliable method for ensuring regular payments.
• 👉 Lien on Property: If the paying spouse owns property, you can seek a lien against it. This means the property cannot be sold or transferred until the alimony arrears are paid.
• 👉 Suspension of Driver's License or Professional Licenses: In some cases, the court can suspend the paying spouse's driver's license or professional licenses until they comply with the alimony order.
• 👉 Seizure of Assets: The court can order the seizure of assets, such as bank accounts or personal property, to satisfy the alimony debt.

Practical Advice for Enforcing Spousal Support

1. Document Everything: Keep meticulous records of all payments made (or not made). This includes dates, amounts, and methods of payment.
2. Act Quickly: Don't delay in pursuing enforcement action. The longer you wait, the more difficult it may become to collect arrears.
3. Hire an Experienced Family Law Attorney: A skilled attorney can guide you through the enforcement process and ensure your rights are protected. They understand the legal procedures and can effectively present your case to the court.
4. Consider Mediation: While enforcement actions may be necessary, mediation can sometimes be a less adversarial and more cost-effective way to resolve payment disputes.

Modifying Spousal Support Orders in Florida

🔄 Spousal support orders are not always set in stone. They can be modified if there is a substantial change in circumstances. This change must be significant, permanent, and not contemplated at the time the original order was entered. Common reasons for modification include:

• 👉 Significant Change in Income: A substantial increase or decrease in either party's income can be grounds for modification.
• 👉 Illness or Disability: A serious illness or disability that affects a party's ability to work can warrant a modification.
• 👉 Remarriage: Permanent alimony typically terminates upon the remarriage of the receiving spouse. Durational or rehabilitative alimony may also be affected.
• 👉 Cohabitation: If the receiving spouse is in a supportive relationship akin to marriage, this can be grounds for terminating or modifying alimony. Florida Statute 61.14 specifically addresses cohabitation.
• 👉 Retirement: Retirement can also be used as grounds to modify or terminate alimony.

Important Note: You cannot simply stop paying alimony because your circumstances have changed. You must file a petition with the court to modify the order. Failure to do so can result in enforcement actions.

Strategies for Securing Fair Compensation

🔑 Securing fair spousal support requires a proactive and well-planned approach. Here are some strategies to increase your chances of a favorable outcome:

• 👉 Gather Financial Documentation: Collect all relevant financial documents, including tax returns, bank statements, pay stubs, investment statements, and property records. This information will be crucial in establishing your needs and the other party's ability to pay.
• 👉 Establish Your Contributions to the Marriage: Document your contributions to the marriage, both financial and non-financial. This includes contributions to the care of children, homemaking, and support for your spouse's career.
• 👉 Obtain Vocational Evaluation: If you lack marketable skills or have been out of the workforce for a long time, consider obtaining a vocational evaluation. This evaluation can assess your earning potential and identify training or education needs.
• 👉 Present a Clear and Compelling Case: Present your case in a clear, organized, and persuasive manner. Be prepared to testify and present evidence to support your claims.
• 👉 Understand the Law: Familiarize yourself with Florida's alimony laws and the factors the court will consider. This will help you understand your rights and make informed decisions.
• 👉 Negotiate Strategically: Be prepared to negotiate with your spouse or their attorney. Consider your priorities and be willing to compromise on certain issues.

The Role of a Florida Family Law Attorney

👨‍⚖️ Navigating the complexities of spousal support in Florida can be challenging. A qualified Florida family law attorney can provide invaluable assistance by:

• 👉 Evaluating Your Case: An attorney can assess the strengths and weaknesses of your case and provide you with realistic expectations.
• 👉 Gathering Evidence: Attorneys know what evidence is needed and how to obtain it.
• 👉 Negotiating on Your Behalf: A skilled negotiator can help you reach a settlement that is fair and in your best interests.
• 👉 Representing You in Court: If a settlement cannot be reached, your attorney will represent you in court and advocate for your rights.
• 👉 Ensuring Compliance: Your attorney can ensure that all legal procedures are followed correctly and that your rights are protected throughout the process.

Common Mistakes to Avoid

🚫 Avoiding common mistakes can save you time, money, and frustration. Here are some pitfalls to watch out for:

• 👉 Failing to Disclose Assets: Hiding assets can have serious consequences, including fines, penalties, and loss of credibility with the court.
• 👉 Relying on Emotions: Divorce can be emotionally charged, but it's important to make decisions based on reason and logic, not emotions.
• 👉 Neglecting to Document Expenses: Keep track of your expenses, especially if you are seeking alimony. This will help you demonstrate your needs to the court.
• 👉 Agreeing to Unfavorable Terms: Don't agree to terms that you don't understand or that are not in your best interests. Seek legal advice before signing any agreements.
• 👉 Ignoring Court Orders: Always comply with court orders, even if you disagree with them. Failure to do so can result in penalties.

Spousal Support and Taxes in Florida

💰 Tax laws significantly impact spousal support. Due to changes enacted in 2018, alimony payments are no longer deductible by the payer nor are they considered income to the recipient for divorces finalized after December 31, 2018. Understanding these tax implications is crucial for both parties when negotiating or litigating alimony.

Conclusion

Securing fair spousal support in Florida requires a thorough understanding of the law, careful planning, and a proactive approach. By understanding the factors the court considers, employing effective strategies, and seeking the assistance of an experienced family law attorney, you can increase your chances of a favorable outcome. Remember, each case is unique, and it's essential to seek personalized legal advice to address your specific circumstances.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.