Spousal support, also known as alimony, is supposed to be gender-neutral, but do you suspect that’s not what’s happening in your case?

Even in progressive Florida, unconscious bias about men’s role as breadwinners can end up putting financial handcuffs on their futures.

At Winter Park Lawyer, we work to make sure equality extends to men when courts weigh in on spousal support.

Alimony is the financial support that one partner supplies the other after a marriage falls apart. Generally, the higher-earning party pays the lower-earning party for a set period. In Florida, the legal term for these payments is spousal support. Payments can start before the divorce is final in the form of temporary spousal support and can also be ordered in connection with domestic violence cases.

In Florida, the goal is that both parties are self-supporting within a reasonable period. Alimony payments are structured so that the lesser-earning spouse has the resources they need to cover their cost of living.

Monthly payments are typical, but Florida has other options, as well, such as lump-sum payments. Our lawyers will explain your choices so you can pursue a payment method more advantageous to your financial or tax needs.

IS SPOUSAL SUPPORT A GIVEN?

No. The law does not assume that spousal support is required. Instead, a spouse must request alimony during the court proceedings. A judge will then take into account the requirements set forth in Florida family law to decide how much and how long support will be required. Couples can also negotiate spousal support between themselves; however, a judge will still need to approve the final agreement.

The Florida Family Code Section 4320 outlines the different types of alimony. While the law is gender-neutral, judges have ample leeway in determining how much the payments will be.

Our spousal support attorneys, who have spent years helping to level the field for dads in divorce court, make it a point to present the facts in your case fully to prevent assumptions about gender roles from coloring the judge’s ruling.

·         TEMPORARY ALIMONY

·         PERMANENT ALIMONY

·         REHABILITATIVE ALIMONY

·         REIMBURSEMENT ALIMONY

·         LUMP-SUM ALIMONY

WHAT FACTORS AFFECT THE PAYMENT AMOUNT?

Florida has a detailed list of factors judges must weigh when calculating the support order. Temporary support can vary depending on what county you are in. However, for support after the divorce is finalized, judges must use the factors listed in the Florida Family Code Section 4320.

Fourteen factors are listed in the code, including this all-encompassing entry: “Any other factors the court determines are just and equitable.” Clearly, the judges have considerable leeway when setting alimony payments.

This is where The Winter Park Lawyer steps in. Men have historically been disadvantaged in family court. Our alimony attorneys move early to educate the court about the realities in your case and point out the nuances that strengthen your position.

SPOUSAL SUPPORT CALCULATIONS ARE COMPLICATEDYOU NEED A SAVVY ADVOCATE

Spousal support is complicated. Layer on assumptions about men’s roles and it’s clear you need an alimony attorney that understands your legal situation and the unconscious bias you may face. The attorneys at Winter Park Lawyer will gather the documents and data to clearly outline your position to the family law judge deciding your financial future. Among the key elements that will help clarify your strategy:

• The length of the marriage
• The impact of child support
• The pros and cons of ongoing or lump-sum spousal support
• Tax implications
• Requirements that the supported party make reasonable efforts to become self-supporting

There are a lot of issues to resolve as you work through your divorce. Our spousal support attorneys provide clear explanations so you won’t get overwhelmed balancing conflicting demands. We recommend getting legal advice early since temporary support orders can start taking money from your wallet before your divorce is finalized. Our family law firm works to protect your assets.

A CLOSER LOOK AT FACTORS THAT AFFECT ALIMONY PAYMENTS FACTORS IN THE FLORIDA CODE

• The length of the marriage or domestic partnership
• What each person needs based on the standard of living they had during the marriage or domestic partnership
• What each person pays or can pay (including earnings and earning capacity) to maintain that standard of living after the divorce
• The difficulties the supported partner will face if working and taking care of children
• The age and health of both people
• Debts and property
• How long the marriage lasted
• Whether a spouse or domestic partner helped the other get an education, training, career, or professional license
• Whether there was domestic violence
• Whether a spouse’s or domestic partner’s earning capacity was affected by periods of unemployment due to childcare or other domestic needs
• The tax impact of spousal support on each party