Boca Raton Alimony Lawyer

Boca Raton Alimony Attorney

Alimony payments, otherwise known as spousal support, are financial arrangements ordered by Florida courts. They set the terms for a monthly payment that a higher-earning spouse may need to pay the other spouse. The purpose behind this is to help a lower-earning spouse support themselves as they transition into living on their own. A Boca Raton alimony lawyer can be a helpful resource in securing a fair arrangement for both parties.

At Benzion Law, we understand the overwhelming stress that spouses can face when trying to make alimony decisions on top of other contentious divorce issues. While the higher-earning spouse might be worried that they will be financially taken advantage of and ordered to pay more than necessary, the lower-earning spouse might fear they won’t receive as much support as they need. We step in to help satisfy the needs of both parties.

Key Factors That Help Dictate Alimony Payments

There are a number of factors that the family court will consider to help make financial decisions on what spousal support arrangement meets the needs of both spouses. It’s important to understand how all of these factors can play into the final decision, as it can help better set your expectations.

Some of the most influential key factors in this process include:

How Long a Couple Was Married

One of the most significant factors that influence an alimony payment is how long the couple was married before deciding to divorce. In most cases, the longer a couple was married, the more likely the court would honor a lower-earning spouse’s request for spousal support. This doesn’t mean that alimony payments are impossible to achieve in shorter marriages. Sometimes, those married for a shorter time are awarded temporary support, while longer marriages may result in more permanent support.

Financial Need

Before a financial decision like alimony payments can be made, the court must assess the financial needs of both parties involved. For example, if one spouse has a reduced earning capacity due to being out of work to stay home and support the family’s needs, this could make it more difficult for them to find a new career right after a divorce. This would encourage the court to order alimony payments until the spouse secures a new role that can support themself.

Special Circumstances

Other issues unique to each parting couple can exist in a divorce case outside of alimony payments. For example, if the couple also had a shared business and were facing bankruptcy, this financial hardship is also considered when setting alimony payments and custody. Depending on how severe the financial hardship is, it could impact the size of the payments or how long they will continue once the divorce case is finalized.

Ability to Pay

While there is a lot of focus on the needs of the lower-earning spouse, an alimony arrangement will not be successful if the higher-earning spouse is unable to fulfill the payments. For example, if the higher-earning spouse needs to take on additional debt because of the divorce, like moving to an area with a higher rent or taking out a new car loan, this could impact how much they can pay. This is taken into consideration to reduce financial burdens for both parties.

Age and Health of Both Spouses

Two physical factors taken into consideration are the age and health of both spouses. Older spouses who have significant health issues might have a harder time re-entering the workforce, which could encourage them to request higher alimony payments. The same could be true for a younger spouse who was diagnosed with a health condition that requires constant care and extensive treatments and needs help funding.

New Alimony Statute and Formula for Maximum Alimony

A new statute that introduced a fresh formula for how calculating maximum alimony was recently enacted. It provides a more structured approach to determining a fair payment amount that doesn’t present either party with a financial burden. The calculator below can help you understand what this means for your case by estimating your potential alimony payments.

FAQs

Q: What Is the Cost of Alimony in Florida?

A: The total cost of alimony in Florida is highly dependent on the unique circumstances each spouse brings to family court. Factors like how long a couple was married and the extent of their financial need are two huge factors that play into the decision-making process. While paying legal fees when you are in financial need might appear counterintuitive, the return on investment could be worthwhile to secure the support you need to move forward.

Q: Can You Sue for Permanent Alimony in Florida?

A: Yes, anyone going through a divorce has the authority to request alimony as part of the process. It will not be automatically granted, which means that someone looking for financial assistance will need to petition the court and provide evidence that they are in need. The court will then investigate to see if there is a true financial need. If there is, the request will be honored or modified before being approved. File for this early to avoid losing the right to request it later.

Q: Can a Man Ask for Alimony in Florida?

A: Yes, men are able to request alimony payments in Florida. There are no laws that dictate the need for alimony based on gender. Rather, the focus is on each spouse’s financial need and capacity to make a living. If a man is a lower-earning spouse, then he is able to file a petition for alimony just like a woman would be able to in instances where she makes a lower income. Florida courts aim to make sure alimony decisions are fair based on finances rather than gender.

Q: Does My Husband Have to Pay for My Divorce Lawyer in Florida?

A: While it is possible for one spouse to pay for their ex-partner’s legal fees, this is not true in every divorce case. When making final decisions in divorce, the court looks to see what financial disparities exist. If there is a drastic financial difference between the two, the court could require the higher-earning spouse to cover these legal fees as part of the divorce agreement, but this will not always be an option executed.

Contact Benzion Law Today

If you have concerns over securing a fair alimony arrangement in your divorce case, you need to hire an attorney with the knowledge and experience to ensure no one takes advantage of your rights. The lawyers of Benzion Law are standing by, ready to take on your divorce case and ensure both parties walk away with the financial support they need. Contact us today to learn more.