– Attorneys and Counselors at Law –

Brevard County Florida

Florida Spousal Support

determining spousal support amounts

February 12, 2024

Are you concerned about how your impending divorce will affect your financial condition? Does the recently enacted alimony reform bill in Florida have you concerned? If the answer is yes, we urge you to seek the expertise of a qualified Florida spousal support attorney at Mario, Gunde, Peters & Kelley! With us in your corner, you can effectively file for alimony as part of your divorce.

What Is Spousal Support?

Also known as alimony, spousal support is money one spouse pays to another as part of their divorce final judgment. Spousal support helps alleviate the economic impact felt by the lesser-earning or financially less-advantaged party. This type of monetary benefit is often given out if the spouse had given up their career or education to support their partner or growing family. 

Types of Spousal Support in Florida

Here are the current types of Florida spousal support in Florida:

Bridge-the-Gap Alimony

This type of alimony is meant to help the receiving spouse experience a smooth transition from married life to being single. It involves a short-term amount, not to exceed 2 years, used to pay for their identifiable needs. These payments are generally used to purchase a car, pay first and last month’s rent, or make a down payment for a mortgage.

Rehabilitative Alimony

Rehabilitative alimony is awarded to the party who needs some time to re-learn or develop the skills needed to start working again. If you want to be eligible for this type of support, you must have a detailed plan that outlines your path to a financially independent life.

Temporary Alimony

This offers financial assistance to the receiving individual from the moment they or their partner file the divorce papers to the day the marriage is legally dissolved. Depending on how complex the divorce is, this alimony payment can be paid for months or years until the divorce is finalized.

Durational Alimony

This alimony offers monetary support for a specific duration after the divorce finalization. For long term marriages of 20 years or more, it lasts up to 75% of the length of the marriage.  For moderate length marriages of 10 to 20 years, it can last up to 60% of the length of the marriage.  And for short term marriages under 10 years, it has a maximum duration of 50% of the length of the marriage.  Marriages lasting less than 3 years are not eligible for durational alimony, and would need to seek relief in the other forms of alimony, if applicable.

Permanent Alimony

Has been abolished as of July 1, 2023.

Lump-Sum Alimony

This is just a form of payment which allows for the alimony to be paid all at once instead of monthly.  It is often awarded if there are significant financial resources from which it can be paid, and if the court is unsure about the supporting spouse’s reliability, well-being, or future income.

How Our Lawyers Can Guide You to Pursue Spousal Support in Florida

At Mario Gunde Peters & Kelley, we have the skills and experience to provide our clients with top-tier legal services. Here are the steps we will take if you choose us to represent you in your spousal support case.

1.    Assess Your Eligibility

Florida courts do not accept every individual’s spousal support request. It is why when you come to us with your case, we will study your circumstances to determine if pursuing an alimony claim will be in your best interest or not. If we deem you to be eligible for spousal support, we will work to help you obtain the support you need. However, if we believe you to be ineligible for alimony, we will guide you through other ways to receive financial support after your divorce.

2.    Collect and File Your Paperwork

The spousal support claim process in Florida is tedious and requires ample paperwork. The court will ask to see your property appraisals, bank statements, and many other documents throughout the proceedings. When you work with us, our legal team will assist you in gathering all the paperwork you might need to show to the court. We will also submit all the documents to the court timely.

3.    Negotiate Terms with the Other Party’s Divorce Lawyer

In some cases, it is possible to sit down with the other party’s lawyer to resolve the case and finalize an alimony deal that works for everyone. However, you do not want your spouse’s lawyer to take advantage of you in such circumstances. The only way to ensure that is to have an experienced attorney on your side. At Mario Gunde Peters & Kelley, we have the experience negotiating alimony agreements for all sorts of clients. We understand how the opposing lawyers work, and we can represent you to hammer out a favorable deal for you.

4.    In-Court Representation

If your spouse does not come to an agreement outside of court, we can take your case to court. We will be by your side, representing you throughout the process to ensure you end up with a favorable court ruling. Since we have years of experience representing families in courts, we will use our knowledge to fight for your spousal support.

Factors That Affect the Spousal Support You Get in Florida

A judge in Florida considers the following factors when determining the type and size of alimony to reward:

  • The established standard of living during the marriage
  • How long the marriage lasted
  • The age and general well-being of both parties
  • Marital assets and other financial resources and income of both parties
  • All sources of income available to the partners, including investment-generated income
  • The earning capacities, employability, and educational levels of both partners
  • How the two individuals contributed to the household and marriage, such as through child care and homemaking
  • Responsibilities to minor children
  • & any other factors the court deems fit

Can You Change a Spousal Agreement Term at a Later Date?

According to current state law, the Florida spousal support terms can be altered later if there appears to be a permanent, significant, unanticipated and involuntary change in the circumstances of one or both the involved parties.

Here are some causes that justify a change in the spousal support agreement:

  • The supporting partner’s inability to work due to a disability or illness
  • A marked reduction in the income of the supporting party
  • A significant rise in the earnings of the receiving individual
  • The receiving individual’s new marriage
  • The supporting individual losing their job
  • Retirement

Contact Us for Spousal Support in Florida!

Mario Gunde Peters & Kelley are proud to have years of experience in leading and winning family cases and spousal support court proceedings. If you are looking for a spousal support lawyer in Florida, you cannot do better than the lawyers at Mario Gunde Peters & Kelley. So, reach out to us with your case today!

Call for a Free Consultation! 

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