Alimony Attorney in Gainesville
An experienced attorney serving Gainesville, Florida, R. Flint Crump is well versed in the processes and calculations needed to establish, defend against and collect alimony or spousal support. The Law Office of R. Flint Crump P.A. understands dividing assets and determining the proper amount of support can be overwhelming. As a practice, our goal is to secure a fair and reasonable alimony order.
What is Alimony?
Alimony or spousal support is a payment which one spouse makes to the other for their support or rehabilitation. These alimony payments are paid to the lesser-income spouse and are meant to aid with living expenses. Duration and amount of payments vary. Spousal support payments are different from child support payments and therefore are determined, enforced and accounted for separately. Unlike child support, spousal support payments are tax deductible.
Who is eligible for Spousal Support?
Since the state of Florida does not have a concrete guideline for alimony, determining spousal eligibility and awarding payment is at the discretion of the judge. Although there are criteria for the court to consider, unfortunately, this can result in inconsistencies between cases and award amounts. The principal consideration for alimony is referred to as need and ability to pay. Support payments can only be awarded to a spouse, who is in need, to be paid by a spouse who can afford to pay them. The judge will consider need and ability as primary factors and supplement with the following.
Secondary considerations for Alimony or support payments:
- The duration of the marriage
- The standard of living established during marriage
- The age, physical and emotional condition of each party
- The financial resources of each party, including marital assets, non-marital assets and liabilities
- The time necessary for either party to acquire sufficient education or training to find appropriate employment
- The contribution of each party to the marriage, including but not limited to, services rendered in homemaking, child care, education, and career building of the other party
- All sources of income available to either party
Ultimately, alimony is not guaranteed and will not be awarded in every case. The Law Office of R. Flint Crump P.A. recognizes the complexities of alimony litigation and is dedicated to providing the best for our clients.
Types of Alimony in Florida
The state of Florida utilizes four distinct types of alimony or spousal support. Each category is unique and employed for a diverse set of reasons.
-
Temporary or Stop-gap alimony
Temporary alimony is given to the spouse-in-need during the period of separation, before the divorce is final. Upon finalization, the courts will either decide to continue alimony in a different form, or terminate payments.
-
Rehabilitative alimony
This type of spousal support is meant to sustain the receiving spouse while he or she acquires the earning power or occupational training needed to be self-supporting. Rehabilitative alimony can also be given to stay-at- home parents who are caring for young children. Generally speaking, payments are only made for a fixed period of time. For example, until a child starts school or the spouse becomes employed.
Rehabilitative spousal support is often the most common form of alimony as it best suits grey area marriages, or marriages lasting between 7 and 17 years. These unions are problematic because they are often too long to be discredited and too short to qualify for permanent alimony.
-
Permanent alimony
Commonly thought of as indefinite payments, permanent alimony is a set amount provided to the in-need-spouse periodically. In this model, spousal support terminates upon death of either payer or recipient. As a general rule, permanent alimony is only awarded in the case of long-term marriages.
-
Lump-Sum alimony
Frequently used in lieu of property division, lump sum alimony is a one-time payment made from one spouse to another. Direct and efficient, many clients prefer this option but ultimately lack the immediate funds. Moreover, it can be used to reimburse educational debt owed from one spouse to the other.
Modification or Termination of Alimony
The Law Office of R. Flint Crump P.A. has experienced a variety of alimony modifications. Faced with economic change or financial uncertainty, it is vital for clients to understand the options for modification or termination of alimony.
Modification of Alimony or spousal support
Much like child support payments, in order to alter alimony, a substantial change in circumstances must have occurred.
Examples of substantial change include:
- Reduction of payer’s income
- Illness
- Retirement
- Inability to find employment
- Receipt of a large inheritance
- Reduction in living expenses of the payee
A formal petition to modify alimony must be submitted to the court.
Termination of Alimony or spousal support
Traditionally, termination of permanent alimony only occurred when the support-receiving spouse was re-married or at death. However, Florida has enacted new laws to include evidence of a supportive relationship as grounds for termination. Supportive Relationships occur when a prior spouse is cohabitating with another party, even though they are not married. These relationships are interdependent and imply mutual financial support for one another. Supportive relationships would theoretically negate the need for financial support from a previous marriage.
The Law Office of R. Flint Crump is prepared to aggressively represent you during your alimony litigation. Experienced alimony attorney Flint Crump focuses on obtaining a just decision to best suit your needs.
Know your options, call today for a consultation.
