Few things cause as much dispute in divorce as does the subject of spousal support. Many often feel that they should receive spousal support, that they should not have to pay it, or they disagree with the amount awarded. Whatever the situation is in your particular case it is important to understand that the subject will have a huge impact on your future; divorce is a new phase in your life and alimony is potentially a part of it. Our Melbourne spousal support attorney assists Brevard County residents who are going through a divorce and are in disagreement over maintenance. Contact our office today to speak with a lawyer.
Alimony lawyer assisting Melbourne, Florida residents who are going through a contested divorce
The issue of alimony often comes up in a contested divorce. Florida recognizes five different types of spousal support. These include temporary alimony, bridge the gap alimony, support that is rehabilitative, durational alimony, or support that is permanent. When determining what support, if any, is appropriate the Court will determine the requesting party’s need as well as the other party’s ability to pay. If there is a need and an ability to pay, then the Court will consider the following:
- The duration of the marriage
- The standard of living the parties enjoyed while married
- The financial resources, earning capacity, and other income sources of each spouse
- Financial and child rearing contributions that each spouse made during the marriage
- Tax issues which will arise due to support
- Any other relevant considerations
Under Chapter 61 of the Florida statutes, permanent alimony is more likely awarded if the parties were married for seventeen years or more. If the parties were married between seven and seventeen years, then permanent support is possible if the requesting party can present clear and convincing evidence that it is warranted. If the marriage lasted less than seven years than permanent alimony will only be awarded under exceptional circumstances.
Spousal support comes into play early in a divorce case. A mediation will typically be held shortly after the Petition for Dissolution of Marriage is filed. If the spouses cannot resolve their differences, then the case will proceed to a Judge. A Motion for Temporary Alimony will be decided early in the case. This is for the purpose of determining short-term support for the duration of the case. Rehabilitative support will be awarded if a spouse needs to acquire new job skills to enter the workforce. It is important to understand, however, that a party must need spousal support. When determining whether there is a need the Court will consider factors such as the requesting party’s efforts at finding employment, their efforts at increasing their earnings, as well as any extent to which they are squandering money. It is crucial that you hire an attorney who understands these issues whether you are the one requesting support or the one opposing it.
Lindsey Gardner Shneyder is a Melbourne alimony lawyer assisting Florida residents who are going through the divorce process. She will quickly file the necessary documents to deal with a temporary support request. She will then use discovery, the process by which information is gained from the other side, to establish facts related to one’s ability to work and the other spouse’s ability to pay. Such records may include job search histories, bank statements, credit card receipts, etc. Lindsey will aggressively represent your interests throughout the process, including trial. If you are facing the end of a marriage then contact our attorney today to schedule an initial consultation.
We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.
Affordable divorce lawyer assisting in Melbourne spousal support cases
If you are worried about spousal support then money is already an issue. Given that divorce represents a new phase of your life, it is important that you start this next chapter with as few financial concerns as possible. Our firm handles most matters for an affordable flat fee and often accepts a modified payment plan. You have enough to worry about at a time like this and how you will pay for your lawyer should not be another cause for concern. Contact our office today.