Polk County Alimony Attorneys
At Mint Law Firm, we understand that navigating the complexities of alimony and alimony modification can be both emotionally and financially challenging. Having negotiated an untold number of matters in which alimony was a large concern, our experienced team is dedicated to providing compassionate, strategic, and results-driven legal representation to clients seeking fair and just outcomes in matters of spousal support. Whether you’re negotiating an initial alimony agreement or seeking a modification due to changes in your circumstances, the lawyers at Mint Law offer personalized guidance to protect your rights to achieve the best possible resolution.
Alimony in Florida
Alimony, also known as spousal support, is a legal obligation to provide financial support to their spouse before or after marital separation or divorce. In Florida, alimony is governed by several statutes, including § 61.08 and § 61.14 of the Florida Statutes. The purpose of alimony is to provide for the needs and necessities of life for a former spouse similar to the way that they were during the marriage. This rings especially true when one spouse lacks the financial ability to meet their needs post-dissolution.
Forms of Alimony
There are numerous forms of alimony in Florida, including durational, rehabilitative, and bridge-the-gap alimony.
- Durational alimony provides economic assistance for a set period and terminates upon the death of either party or the remarriage of the individual receiving the alimony. The amount of durational alimony may be modified based on a substantial change in circumstances, but the length of the award may only be modified under exceptional circumstances.
- Rehabilitative alimony is designed to assist a party in becoming self-supporting through the redevelopment of previous skills or the acquisition of new skills.
- Bridge-the-gap alimony is intended to assist a party with legitimate, identifiable short-term needs and may not exceed two years.
Modification of Alimony Payments
Modification of alimony in Florida is primarily governed by § 61.14 of the Florida Statutes. This statute allows for the modification of alimony when there is a substantial change in circumstances, the change was not contemplated at the time of the final judgment of dissolution, and the change is sufficient, material, permanent, and involuntary. The burden of proof lies with the party seeking the modification, who must demonstrate these changes to the court.
The court has broad discretion in determining whether to grant a modification of alimony. Factors considered include the parties’ income, the payee’s need for alimony, and the payor’s ability to pay. The court may also consider the total circumstances at the time of the original order and contrast them with the current circumstances. Additionally, the court is not required to grant an increase in alimony simply upon proof of a substantial increase in the financial ability of the paying spouse if equity does not dictate such a change.
Florida law also provides that alimony may not be modified based on changes that were anticipated or contemplated at the time of the original judgment or agreement. In cases where the parties have entered into an agreement for alimony payments, either party may apply to the circuit court for an order decreasing or increasing the amount of alimony if the circumstances or financial ability of either party changes. The court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties.
Mint Lawyers Can Assist With Your Alimony Issues
At Mint Law Firm, we are committed to advocating for your best interests in alimony and alimony modification matters. With our personalized approach, extensive legal knowledge, and proven track record of success, we strive to deliver fair, practical solutions tailored to your unique circumstances. Whether you’re facing the complexities of an initial alimony agreement or seeking a modification due to a significant life change, our dedicated team will guide you every step of the way. Trust Mint Law Firm to provide the support, expertise, and representation you deserve to achieve a favorable outcome.