Orlando Alimony Attorney
Orlando Alimony Lawyer, Jean Bernard Chery, provides experienced Alimony, Divorce, and Family Law Attorney services in Orlando, Orange County, Osceola, Polk, and Seminole Counties, and the Central Florida area.
Call 407.487.1630 about your Alimony legal needs in Orlando and Central Florida.
Alimony, also commonly referred to as spousal support, is a form of monetary payment or support to be paid from one spouse to another when a marriage ends that is designed to provide the lower-income spouse with money for living expenses or other items the court deems relevant and fair according to Florida Divorce and Family Law Statutes. The purpose of alimony is to avoid any unfair economic consequences of a divorce.
Alimony awards, increases, or decreases in the amount of alimony to be paid are meant to address only relevant and allowable needs that are caused by the divorce itself, not unrelated needs. While designed to aid the lower income spouse after a divorce, the making it's ruling regarding alimony, the court must ensure the amount that is to be paid in alimony does not put the paying ex-spouse in a position of financial hardship. If a foreseeable change to the current financial situation of the paying ex-spouse can be proven, the court will make it's ruling accordingly.
After a divorce, if an unforeseeable significant change in the financial situation of either ex-spouse occurs, a modification of the alimony court order may be asked to be modified. In order to be granted a successful modification of alimony by the court, ex-spouse requesting the modification must demonstrate a substantial change in the circumstances surrounding the alimony warrants the alteration of an alimony award.
In divorce cases, alimony is based primarily on these important factors:
- The need of the requesting spouse; and
- The ability to pay the requested alimony amount does not put the one who will pay the alimony payments will not be subjected to financial hardship in doing so.
- The amount of alimony is itemized so that the court may ensure the one who may be ordered to pay alimony will not be unnecessarily ordered to pay for specific items requested by the one seeking spousal support that are out of the scope of necessity.
There are various types of Alimony in the State of Florida:
- Permanent Alimony: More likely to be awarded in the case of a long-term marriages (generally over 17 years) that are ending in divorce, when awarded, Permanent Alimony allows a spouse that has not worked during the majority of the term of the marriage - or has lower income or lower earning potential - to continue living under the same financial standard of living as during the marriage. In order to receive permanent alimony, it must not cause a financial hardship for the spouse who is to pay the alimony.
- Rehabilitative Alimony: Typically awarded in medium to short-term marriages that are ending in divorce, when awarded, Rehabilitative Alimony allows a spouse to receive financial payments to assist in establishing the capacity for self-support through re-establishing (redevelopment) previous skills or credentials, or the acquiring viable employment skills through education, training, or work experience necessary to for the purpose of providing for his or herself. A Detailed Specific Rehabilitative Plan must be provided to the court for consideration when requesting Rehabilitative Alimony.
- Durational Alimony: This is a relatively new form of Alimony that may be awarded when Permanent periodic Alimony does not appear to be a fair and reasonable solution for the spouse who may be ordered to pay Alimony. In short, Durational Alimony may be ordered for a specific period of time to provide the spouse receiving the Durational Alimony with economic assistance for a set period of time following a marriage of short or moderate duration. A Rehabilitative Plan does not have to be filed with the court for this type of Alimony.
- Bridge-The-Gap Alimony: In the State of Florida, this type of Alimony will not exceed 2 years in the duration of support payments, and is intended to provide general financial assistance to allow the on receiving Alimony payments to make a smooth transition financially going from married life to single life after a marriage has ended.
- Temporary Alimony: In the State of Florida, this type of alimony may be awarded to a spouse to cover his or her financial needs from the time that the dissolution of marriage action is filed through the entry of the Final Judgment of Dissolution of Marriage.
- Lump Sum Alimony: This type of Alimony can be viewed in a rather broad scope. I may be ordered as a one-time financial payment that is legally binding against future financial alimony claims against the spouse ordered to pay alimony. Lump Sum Alimony may also be used to ensure fair and equal asset distribution. Lump Sum Alimony can be a very complex process, and seeking legal assistance to ensure your legal rights are protected at all times may be paramount in the outcome of Lump Sum Alimony negotiations and the language used in any legal agreement.
When you must address legal issues relating to alimony, divorce or other family law issues or disputes, we urge you to be proactive in ensuring your legal rights are protected and that you are treated fairly.
Call 407.487.1630 to Schedule a Confidential Legal Consultation with Orlando and Central Florida Alimony Lawyer, Jean Bernard Chery.