What You Need to Know About Spousal Support in Florida

June 27, 2023

What You Need to Know About Spousal Support in Florida

Going through a divorce is not an easy decision to make, and it can bring about various challenges. One of which is spousal support, also known as alimony. Spousal support is a court-ordered payment from one spouse to the other after divorce. The amount to be paid and the duration of the payments depend on various factors. In this blog post, we will discuss factors a court will consider during a Florida divorce, how spousal support is calculated, the consequences of being unable to pay spousal support, and what options you have if your ex-spouse refuses to pay. If you're considering divorce in Florida, this post is a must-read.

The following factors are considered by law during a Florida divorce:

1. Length of the marriage The longer the marriage, the higher the likelihood of spousal support being awarded, especially if the lower-earning spouse does not have significant earning potential.
2. Standard of living during the marriage The court considers the standard of living that the couple has been accustomed to during the marriage to determine the amount to be awarded as spousal support.
3. Age and physical/ emotional condition of both spouses The court takes into consideration the age, health, occupation, and employability of both parties when deciding on spousal support.
4. Financial resources of both parties The court will review the income, expenses, and assets of both parties to decide who can afford spousal support payments.
5. Marital contributions of both spouses The court considers the contributions made by both parties during the marriage, such as child-rearing or supporting a spouse's career.

Spousal support in Florida can be calculated in four ways:

1. Permanent support: This type of support is awarded in cases where the receiving party will not be able to become self-supporting due to age or physical/ emotional conditions.
2. Rehabilitative support: This type of support is temporary and awarded to enable the receiving spouse to become self-sufficient. The payment can last as long as it takes the receiving spouse to complete education or job training.
3. Durational support: This type of support is awarded in cases where the marriage lasted less than seven years. The payment period is set by the court and cannot exceed the number of years the couple was married.
4. Lump-sum payment: This type of support is a one-time payment made from one spouse to the other. This option is ideal for couples who do not want to remain in contact with each other.
If you're unable to pay spousal support due to financial hardship, it's imperative to seek a modification of the court order immediately. Failure to pay spousal support can result in the court ordering wages to be garnished, or even jail time.
If your ex-spouse refuses to pay spousal support, you have the option of filing a motion for contempt. In such cases, the court will order your ex-spouse to make the payments they owe, and failure to which could result in jail time.

Divorce can be emotionally and financially draining. At Dunlop, Dunlop & Dunlop, P.A., we are here to help take some of that burden off your shoulders. Our team of legal professionals is experienced in Florida divorce matters and can assist you with negotiating spousal support. We advise our clients to always prioritize their interests and overall wellbeing. With robust knowledge of Florida's divorce laws and experience in handling various cases, we will work with you to ensure a favorable outcome. Contact us today for a consultation.

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