RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Alimony

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Gainesville Alimony Attorney

Gainesville Alimony Attorney Karen S. Yochim understands the legal, emotional, and financial challenges divorcing spouses undergo. At the Law Office of Alba & Yochim P.A., we know addressing alimony can be overwhelming. You are likely concerned about how you will pay your bills, feed your children and protect your future. This is true whether you are seeking support or defending against a claim that you should pay it. Our client focused results driven attorneys can help you navigate the alimony minefield. Our attorneys can help you obtain immediate support, a place to live and even continued health insurance coverage which in turn allows you the personal time necessary to cope with the transition from being a married couple to being single.

During our decades in practice, it has remained a goal to secure a fair and reasonable alimony order. In Florida, alimony, maintenance, and support proceedings come in many forms. We are thoroughly schooled in obtaining and opposing them all. Whether you wish to establish, defend against, collect, modify, terminate, or appeal alimony or spousal support, understanding your options is the first step. Hiring the lawyer to help you achieve your goals is the second. Read more to help understand your options then call our office to get highly skilled alimony representation.

What is Alimony?

Alimony or spousal support is a payment which one spouse makes to the other for their support, maintenance 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. Our alimony attorneys are well versed in the processes and calculations needed to establish, defend against, and collect, alimony or spousal support, and are dedicated to assisting our clients every step of the way.

Who is eligible for Spousal Support?

In contrast to child support, the state of Florida does not provide concrete guidelines for alimony. Rather, determining spousal eligibility and awarding payment is based primarily upon 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 the ‘need’ versus ‘ability to pay’ analysis. Support payments can only be awarded to a spouse who is in need, and paid by a spouse who can afford to pay them. The judge will consider need and ability as primary factors, and supplement their evaluation with the following secondary considerations:

  • The duration of the marriage (i.e. short-term, moderate-term, long-term)
  • 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 current earning capacity, skills, and ability to obtain employment; or 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
  • The responsibilities that each party will have over minor children
  • The tax treatment and consequences of an award for alimony
  • All sources of income available to either party
  • All other relevant factors

Ultimately, alimony is not guaranteed and will not be awarded in every case. The Law Office of Alba & Yochim 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 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.
  • Bridge-the-Gap Alimony. Awarded on a temporary basis following the final dissolution of marriage. It cannot last more than two (2) years, and may not be modified in either duration or amount.
  • 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. The order must include a ‘rehabilitative plan’ that clearly outlines how the recipient will rehabilitate themselves.
  • Durational Alimony. Fairly new in Florida, this type of support provides economic assistance for a set period of time in cases where permanent alimony is inappropriate. Commonly awarded in marriages lasting less than 17 years, but can be used in long-term marriages if no ongoing support is necessary.
  • 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.

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In some cases, issues may arise following the entry of an initial alimony order that present a need for subsequent proceedings to modify, terminate or enforce an award for spousal support. For others, there may be grounds that warrant an appeal of an order granting, denying, modifying, or terminating support. The Law Office of Alba & Yochim P.A. represents clients in a full range of alimony matters. Faced with economic change or financial uncertainty, it is vital for you to understand your legal rights and options, including any remedies that may be available.

While understanding your options when it comes to alimony and spousal support, is an important first step to protecting your legal rights and interests, having an experienced attorney to advocate on your behalf can make a profound difference in the outcome of a support proceeding. Properly asserting requests and defenses in accordance with the procedures set forth by Florida law is just one part of the equation; providing the court with sufficient evidence to support your assertions, and the ability to effectively argue your position, is the other.

The Law Office of Alba & Yochim P.A. is a results-driven firm that stands behind the commitment to providing our clients with compassion, attention to detail, and ease of attorney accessibility. Whether you reside in Alachua, Lake, Marion, or a surrounding county, our Gainesville Alimony Attorneys can provide you with the sound legal representation necessary to effectively and efficiently address all your support-related needs.