On behalf of The Law Office of Gustavo E. Frances, P.A.
Very often when a couple is going through a divorce there are many financial issues that need to be sorted out, such as child support, child custody, division of assets and debts. However, the financial issue that causes the most confusion and apprehension is spousal support. Everyone understands the need to pay child custody, in order to help the custodial parent, provide a standard of living for their child. The angst that surrounds this topic is related to the fact that the person paying the spousal support, whether male or female does not understand why this needs to be paid.
Spousal support in Florida
The aim of spousal support, which in other states is referred to as alimony, is to aid the party with lower income during the divorce proceeding and in some cases to support and better their quality of life even after the divorce has been concluded. It is a very popular myth that it is only men who get the short end of the straw and end up having to pay spousal support to their ex -partner. It can also be in fact, the female party that has to pay their ex-spouse spousal support. In Florida even if a party is receiving child support, they will more often than not still be awarded the spousal support also.
Different types of spousal support
In the state of Florida, a party can be awarded two types of spousal support, temporary and permanent. Temporary spousal support is usually just awarded for the length that the divorce proceedings last. This type of spousal support is awarded from the date the petition for divorce is failed up and until the divorce is finalized. Permanent spousal support on the other hand, is paid after the date of divorce also. The amount of time that the permanent spousal support has to be paid varies on different factors. It may have to be paid for a certain time period or in some cases indefinitely. This duration is dependant completely on the length of the marriage. If the marriage was short-term then the duration of the spousal support will be ten years or less. Generally, for short-term marriages spousal support is paid for half of the duration of the marriage. For a long-term marriage the rules are a bit more complicated. The amount awarded is dependant on various factors such as:
- Age and health of both parties
- The ability of the paying party to pay
- The impact on the lifestyle of the party that is paying
How much spousal support is awarded?
There are multiple factors that result in the award of the spousal support, such as:
- Spousal support is paid by the party that has the higher income.
- The amount of spousal support paid is dependant on the difference between the two parties income. If the incomes of both parties are similar there may not be a need for spousal support to be awarded.
- The amount of spousal support is also dependant on the length of the marriage, in a short-term marriage spousal support may not even be granted.
Contact a Florida divorce attorney:
Because spousal support is such a complicated issue in the state of Ft. Lauderdale it is important to make sure you seek the support of a divorce lawyer in Florida. For the advice of a divorce attorney in Ft. Lauderdale contact the Law office of Gustavo E. Frances P.A. Call our offices at 954-533-2756 to get a free consultation