Alimony Support

Navigating alimony laws in Naples, FL, can feel overwhelming, especially with recent changes to Florida’s alimony laws. At Bergermann Law Firm, we understand the stress and uncertainty you’re facing. Divorce is hard. Deciding on alimony can be even harder. But you don’t have to go through it alone. Below, we break down the most important questions about alimony in Florida, giving you clear, straightforward answers based on specific laws and rulings. Let’s get into it.

What types of alimony are available in Florida?

Alimony in Florida isn’t one-size-fits-all. Depending on your situation, you may be entitled to one of several types.

To begin with, alimony can be temporarily awarded during the divorce proceedings, though it is usually thought of as payments made after a divorce is final. Temporary alimony payments end once the divorce decree is signed.

Bridge-the-gap alimony is meant to help you move from married life to single life, covering short-term, specific needs. It’s capped at two years and, according to Florida Statute §61.08(5), it can’t be modified. It’s straightforward but limited. Could this be the right fit for your immediate needs?

Then there’s rehabilitative alimony, which gives you time to gain the skills or education needed to become self-sufficient. Florida Statute §61.08(6) requires a clear plan, approved by the court, outlining how you’ll use this time to improve your financial situation. Do you have a plan for your future?

Durational alimony provides financial support for a set period, usually not longer than the marriage itself. For example, durational alimony is not awarded following a marriage that lasted less than three years. Per Florida Statute §61.08(7), this type of alimony is commonly awarded in marriages that lasted 7 to 17 years. It can be modified if your circumstances change, but the duration is typically fixed. How long will you need support?

Permanent alimony, once common, is now rare in Florida. Thanks to the 2023 alimony reforms, it’s mostly reserved for situations where a spouse can’t become self-sufficient due to age or disability. Florida Statute §61.08(8) explains this shift toward more time-bound support. Is permanent alimony still an option for you, or would another type serve you better?

How is alimony determined in Florida?

The process of determining alimony is complex. It’s not just about what you need now, but also about what you contributed during the marriage.

Florida Statute §61.08 lays out several key factors that courts consider. These include how long you were married. In Florida, marriages are classified as short-term (less than 7 years), moderate-term (7 to 17 years), or long-term (more than 17 years). This classification, seen in rulings like Fichtel v. Fichtel, heavily influences the type and duration of alimony you might receive.

What was your standard of living during the marriage? The court aims to maintain a lifestyle for both parties that’s similar to what you had during the marriage. This principle, upheld in Reeves v. Reeves, ensures that neither spouse experiences a drastic decline in their quality of life post-divorce. Can you maintain your current lifestyle?

The court also looks at your financial resources and earning capacities. This includes both marital and non-marital assets, as well as your ability to earn an income. Florida Statute §61.08(2) and Reeves v. Reeves provide the legal framework for these evaluations. What resources do you have to move forward?

Contributions to the marriage matter too. Whether you were the primary breadwinner or stayed home to raise the kids, your contributions are a key part of the alimony equation. How have you supported your spouse?

Finally, age, health, and emotional condition are critical considerations. If health issues or disabilities impact your ability to work, the court ensures you get the support you need. How will these factors influence your alimony?

Can alimony be modified or terminated?

Yes, alimony isn’t necessarily set in stone. Under Florida law, specifically Florida Statute §61.14, alimony can be modified or even terminated if there’s a significant change in circumstances. Have your financial circumstances changed?

For example, job loss, a significant pay increase, or retirement could justify a modification. The 2023 revisions to Florida’s alimony laws also offer clearer guidelines for modifying alimony when the payer retires. Courts are more open to reducing or ending alimony if the payer’s income drops significantly upon retirement. What changes in your life could affect your alimony arrangements?

Additionally, alimony typically ends if the receiving spouse remarries or if either party dies, as stated in Florida Statute §61.08(8)(b). How do these life changes impact your future plans?

How does retirement affect alimony obligations?

Retirement changes everything, including alimony obligations. The 2023 updates to Florida’s alimony laws make this clear.

Under Florida Statute §61.08(8)(d), if you retire at a reasonable age and your income drops significantly, you can ask the court to modify or terminate your alimony payments. How will retirement affect your financial stability?

The court will look at your new financial situation and the ongoing needs of your ex-spouse. Are you approaching retirement? Worried about sustaining alimony payments? This law acknowledges that your financial situation may not be the same after retirement. What steps do you need to take to protect yourself?

What happens if my ex-spouse refuses to pay alimony?

Dealing with an ex who refuses to pay alimony can be frustrating and stressful. But you have options.

Florida Statute §61.14(5) provides several enforcement mechanisms to ensure you receive the support you’re owed. Wage garnishment is one of the most common tools. As discussed in City of Miami v. Spurrier, this method takes the alimony payments directly from your ex’s paycheck before they even see the money. Is wage garnishment the right solution for your situation?

You can also request liens on property or even file for contempt of court. These measures are designed to enforce compliance and ensure you get the financial support you’re entitled to. What enforcement steps do you need to take?

Understanding Florida’s alimony laws is essential to securing a fair outcome in your divorce. At Bergermann Law Firm, we’re here to guide you through every step, from deciding on the type of alimony that’s right for you to modifying or enforcing existing orders.

Have questions about your alimony rights? Need help with your case? Contact us today to schedule a consultation. Let’s work together to ensure you move forward with confidence and peace of mind.