Melbourne Spousal Support Attorney
Spousal support, also known as alimony, can create significant tension during a divorce in Florida. When one spouse relies on the other for financial support, separating their lives often becomes more complicated. A Melbourne spousal support attorney at Platt Cole Russell & Simpson PLLC will help you understand your rights and determine what type of support is fair in your situation.
Every family law case is different, and multiple factors influence the court’s decision. Whether you are seeking spousal support or responding to a request for it, an experienced attorney can protect your interests. Our team will work toward an outcome that supports your family and future stability. Contact us today to schedule a consultation. Call us at (321) 725-3425 or complete our online contact form to speak with a Melbourne spousal support attorney.
Brevard County Alimony Lawyers
Melbourne, FL divorce attorneys play an important role in helping you through the sometimes stressful experience of divorce. Our family law firm, Platt Cole Russell & Simpson PLLC, is dedicated to helping you reach a fair alimony settlement. Whether your case involves traditional income, business assets, or more complex financial situations, we can help.
Types of Alimony in Florida
There are multiple types of alimony in Florida, including short-term to long-term forms of support. Courts determine an alimony award based on various factors, such as the duration of the marriage, the spouses’ standard of living during the marriage, both spouses’ earning capacity, and more.
Temporary Alimony During Divorce
Temporary alimony provides a spouse with short-term financial support while the divorce case is pending. The courts may use this to ensure each party can cover essential expenses, housing, and daily needs until a final court order is entered. Temporary alimony ends once the divorce proceedings are complete.
Durational Alimony
This is the most common form of long-term alimony or spousal support in Florida. Courts set durational alimony for a specific time period. According to Florida law, it is generally limited to 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage.
Bridge-the-Gap Alimony
Bridge-the-gap alimony is a short-term type of alimony that courts may award for up to 2 years. This helps divorcees transition from married to single life. The recipient can use this support while they try to find a job, wait for marital assets to sell, or otherwise prepare for their new life. Because bridge-the-gap alimony is intended for a transition period, courts will not grant alimony modifications.
Rehabilitative Alimony
This type of alimony exists to help a former spouse access resources to become more self-sufficient. Financial assistance is tied to a specific plan, which may include completing education, earning a certification, or receiving job training to improve long-term earning potential. Rehabilitative alimony is designed to promote independence. Both parties must follow the approved plan for the support to continue.
How is Alimony Calculated in Florida?
Florida Courts calculate alimony awards based on several determining factors. There is no strict formula for the calculation, since cases can vary significantly.
Florida Alimony Marriage Duration Requirement
The length of a marriage plays a key role in determining the type and duration of spousal support. Florida law classifies marriages by their duration.
- Short-term marriages last 0-10 years
- Moderate-term marriages last 10-20 years
- Long-term marriages last 20+ years
These classifications guide the court in setting fair support arrangements.
Income Analysis in Melbourne Spousal Support Cases
The court will carefully review each spouse’s net income as well as their standard of living during the marriage. Generally, courts aim to ensure that the spouse who earns less can maintain a similar standard of living after the divorce. Judges examine all income sources, including wages, business earnings, and investments, to determine what is fair and realistic when deciding on an alimony award.
In addition to actual income, or the amount a spouse actually earns, the courts will consider their earning capacity, or the amount they could potentially earn. Determining what either spouse could or should earn based on their earning capacity is referred to as imputation of income. Courts may use imputed income to address circumstances in which spouses attempt to hide income or avoid work.
Factors Affecting Average Alimony Payment in Florida
Factors that affect the average alimony payment in Florida include financial resources, earning capacity, standard of living, tax obligations, the age of both parties, and the health of both parties. Your income, assets, and ongoing expenses will be carefully reviewed to determine what level of support is reasonable. The courts will consider how the couple lived during the marriage and if either spouse needs more time or money to maintain stability.
How Long Do You Have to Pay Alimony in Florida?
There is no set time for how long you have to pay alimony, as the duration depends on the type of alimony and the circumstances of the marriage. For example, bridge-the-gap alimony only covers a period of 2 years. However, duration alimony may last for several years, depending on the length of your marriage.
Child Support and Alimony in Brevard County
Child support and alimony are types of support that Florida courts may require following a divorce. Florida courts base child support on the parents’ net incomes and the number of nights the child spends with each parent. In comparison, alimony awards depend on one spouse’s financial need and the other spouse’s ability to pay. Courts may reduce child support awards or payments based on alimony. If you have a minor child at the time of your divorce, it is important to hire a skilled alimony and child support lawyer in Florida.
Common Law Marriage Florida Alimony (Out-of-State Marriages).
Florida courts do not recognize common-law marriages formed within Florida after January 1, 1968. This means that unmarried couples do not typically qualify for alimony after separating. However, if a couple legally entered a common law marriage in another state, Florida may honor that union for alimony and other legal purposes. These cases can involve complex concerns and subtle differences in state laws. For this reason, it is best to seek legal advice from a family law attorney in the Melbourne area.
How to File for Alimony in Brevard County Family Court
To file for alimony in Florida, you must start by filing a petition either for divorce or as a separate legal action. Then, you must complete a financial affidavit and other necessary forms. These documents tell the court your needs and the other spouse’s ability to pay support. Once filed, your case becomes part of a courtroom proceeding in which the judge reviews all the evidence and supporting documents before making a decision. In a contested matter, your family law firm will gather supporting evidence, prepare for your hearing, and represent your best interests.
Spousal Support Modification in Brevard County
If your circumstances change after the court grants alimony, you may ask the court for a modification of the alimony order. A Melbourne, FL alimony modification lawyer can help you determine whether your situation qualifies for modification, guide you through the legal process, and protect your interests.
Substantial Change in Circumstances
In Florida, alimony orders may qualify for modification if either party has experienced a substantial change in circumstances. This typically entails a significant, material, and oftentimes involuntary change. Job loss, a life-changing disability, or a significant change in either spouse’s income or cost of living can lead to modification.
Retirement and Alimony Termination
If you retire, alimony does not automatically end. Courts may terminate or reduce alimony depending on the circumstances of each case. When a spouse who pays alimony retires, they must prove that retirement significantly reduces their ability to pay alimony. Judges assess several factors, including the retirement reason, the nature of the retiree’s previous work, typical retirement age within a profession, and each party’s health and age.
Death or Remarriage Termination
Title VI, § 61.08 of the Florida Statutes states that a paying spouse’s obligation ends when the receiving spouse enters a valid new marriage because financial support now comes from a new household. The death of either party will also bring an alimony order to an end.
Out-of-State and Retroactive Limitations
Retroactive alimony modification means that the modified amount applies to past payments. However, courts typically do not extend retroactive modifications to dates prior to when the petitioner filed for modification. Modifications can become tricky if either spouse moves to or from a different state. Although Florida generally does not have the jurisdiction to modify alimony orders from out of state, courts can enforce out-of-state alimony orders. In these complex cases, an experienced Melbourne spousal alimony attorney can help you understand your rights.
Is Alimony Taxable in Florida?
Alimony is treated differently depending on when a divorce is finalized. For cases settled after December 31, 2018, alimony support is not taxable income to the recipient and cannot be deducted by the payer. For agreements finalized before January 1, 2019, the older tax rule applies. The payer can deduct alimony payments, and the recipient must report payments as taxable income. It is crucial to understand that Florida law treats property division and alimony differently for tax purposes. Property transfers made as part of equitable distribution are generally not taxable events.
Is Property Settlement Considered Alimony in Melbourne?
In Florida, property settlement is a separate issue from alimony. Property division focuses on equitable distribution of assets and debts, while spousal support addresses ongoing financial help based on need. Your property settlement agreement does not replace or function as spousal support. It is important to work with an attorney experienced in both alimony and property division during your divorce. Melbourne property division attorneys can help you obtain fair property settlements.
Spousal Support in High-Income Divorce in Brevard County
In high-income divorces in Brevard County, spousal support often requires a closer look at financial details beyond a spouse’s base salary. One or both spouses may have extensive financial resources that the courts must consider carefully. In such cases, it can be wise to hire a forensic accountant to ensure an accurate assessment of income streams and asset values.
For example, top management positions earn executive compensation that can include bonuses, stock awards, retirement plans, and other significant perks in addition to salary. Business ownership can complicate the alimony process. Courts must determine the value of the business and its assets. High-income marriages may also involve significant income from investments or rental properties. Since the standard of living expectations can be much greater for high-income marriages, courts must carefully consider how divorce can affect each spouse’s future lifestyle. All of these factors play a role in alimony decisions.
Military Divorce and Alimony in Brevard County
Military divorce is a complicated situation, especially when it involves alimony. Unique problems arising from the dissolution of a military marriage can affect how the courts evaluate income, benefits, and the division of responsibilities. Our attorneys can help you answer the questions regarding housing allowances, deployment schedules, and how to divide assets and debts fairly.
Patrick Space Force Base
Our team provides legal services to the military members and spouses of Patrick Space Force Base. We understand the unique ways military membership affects divorce proceedings and alimony decisions. When you hire us, we’ll ensure you understand your rights and protections.
Under the Uniformed Services Former Spouses’ Protection Act, state courts may divide military retirement payments between divorced spouses. To qualify for retirement payments, the non-military spouse must have been married to a military member for at least 10 years during their time of service.
In addition to the base income of the military spouse, courts will consider military-specific benefits such as Basic Allowance for Housing (BAH) and other allowances when calculating alimony. Servicemembers also receive protections under the Servicemembers Civil Relief Act, which can delay certain proceedings and affect the timing of support decisions.
VA Disability and Spousal Support
Florida law does not treat VA benefits as marital property, which means that VA benefits cannot be subject to property division. However, these benefits may influence spousal support decisions. The court will review how a party’s disability compensation affects each party’s income, needs, and ability to meet financial goals. Our attorneys can help you figure out if VA disability benefits will affect your alimony case.
Alimony Mediation in Melbourne, FL
Sometimes, divorcing couples cannot agree on alimony terms on their own. When disagreements occur, one or both parties can seek help through alimony mediation. This is a process in which a neutral third party facilitates the parties’ direct discussion of disputes.
Other Issues Our Melbourne Alimony Lawyers Handle
Attorneys at Platt Cole Russell and Simpson, PLLC can handle a wide range of issues beyond alimony or spousal support, including custody, visitation, and property division. We represent clients from all walks of life, meaning we understand how to tailor our advice to your specific needs.
Spousal Support Enforcement in Brevard County
If your former spouse stops making alimony payments, it violates the court order. Courts can enforce spousal support by several means. In Brevard County, FL, enforcement may include wage garnishment, payment plans, or other actions designed to bring the support obligation up to date. Our Melbourne alimony enforcement lawyers can help you file a motion for alimony enforcement.
Can a Prenup Prevent Alimony in Florida?
A prenup can prevent alimony in most situations in Florida. Spouses can waive the right to receive spousal support as part of their prenuptial agreement. However, the judge overseeing your divorce can also override the prenup depending on the situation. If you need help figuring out how your prenup will affect alimony, consult with a Florida prenup attorney today.
What Our Melbourne Alimony Attorneys Do for You
Our Melbourne alimony attorneys aggressively represent your interests and rights. Backed by years of experience, we strive for favorable results, including equitable distribution of assets, fair alimony agreements, and adequate child support. Our attorneys understand local Florida laws and know how Florida courts operate. We leverage that knowledge during divorce proceedings to help clients like you. No matter what has happened, our team can provide the support you need. Contact us today to schedule a consultation with one of our attorneys.
Contact A Melbourne Spousal Support Lawyer From Our Family Law Firm
You don’t have to go through a divorce or determine spousal support on your own. Our Melbourne, Florida, family law attorneys can help you with alimony and other divorce-related issues. No matter your situation, our team is well-equipped to advocate on your behalf. Don’t wait to speak with an attorney regarding your case. Call us at (321) 725-3425 or complete our online contact form today.