Practice Area
Alimony
Boca Raton Alimony Attorney
Understanding Spousal Support Under Florida Law
Alimony can be one of the most significant financial issues in a Florida divorce. Whether you are seeking support or may be required to pay it, the amount and duration of an alimony award can have a substantial effect on your financial future.
Barbra represents clients in Boca Raton and throughout South Florida in alimony matters ranging from negotiated agreements to complex and contested cases involving business owners, executives, professionals and high-income spouses.
How Is Alimony Determined in Florida?
Florida courts do not automatically award alimony. The court must first determine whether one spouse has an actual need for support and whether the other spouse has the ability to pay.
If both are established, the court considers a number of factors in deciding whether alimony should be awarded and, if so, the appropriate type, amount and duration.
These factors include:
In financially complex divorces, determining actual income and the ability to pay may require careful analysis of businesses, bonuses, investments, deferred compensation and other financial resources.
Types of Alimony in Florida
Current Florida law permits several forms of alimony. Permanent alimony is no longer available for new awards.
Temporary Alimony
Temporary support may be awarded while a divorce case is pending to address a spouse's financial needs until the case is resolved.
Bridge-the-Gap Alimony
Bridge-the-gap alimony is intended to help a spouse transition from married life to being single and address identifiable short-term needs.
Bridge-the-gap alimony may not exceed two years and generally cannot be modified in either amount or duration.
Rehabilitative Alimony
Rehabilitative alimony may help a spouse become self-supporting by redeveloping previous employment skills or obtaining education, training or work experience.
A specific rehabilitative plan is required, and rehabilitative alimony may not exceed five years.
Durational Alimony
Durational alimony provides economic assistance for a defined period following divorce.
Florida law generally classifies marriages as:
Durational alimony generally may not be awarded following a marriage lasting less than three years.
Subject to limited exceptions, the maximum duration is:
The amount of durational alimony is generally limited to the recipient's reasonable need or 35% of the difference between the parties' net incomes, whichever is less.
Alimony in High-Income and Complex Divorce Cases
Alimony becomes more complicated when income is not reflected solely by a salary or W-2.
For business owners, executives and professionals, relevant financial issues may include:
A complete financial analysis can be critical to establishing both a spouse's actual need and the other spouse's true ability to pay.
When appropriate, Barbra works with forensic accountants, valuation professionals and other financial experts to analyze income and financial records.
Modification or Termination of Alimony
Certain alimony awards may later be modified or terminated when circumstances substantially change.
Depending upon the type of alimony and the circumstances, issues may include:
The rules governing modification depend upon the type of alimony awarded and the terms of the final judgment or settlement agreement.
Strategic Representation in Alimony Matters
An alimony determination should not be viewed in isolation. It often interacts with equitable distribution, business valuation, retirement assets, taxes and the overall financial structure of a divorce settlement.
With more than 30 years of legal experience, Barbra Amron Weisberg provides strategic representation to clients seeking alimony as well as those facing substantial support obligations. Schedule a private consultation with Barbra Amron Weisberg, P.A. in Boca Raton.