top of page

How does Alimony work in Florida?

How does Alimony work in Florida?

It is not uncommon when a family is going through a divorce that money and affordability of the current debts can become an issue. Alimony was created to address the needs of the homemaker versus that of the breadwinner. While there are still families with a homemaker and a breadwinner, more families have both parties work, with one party earning significantly more than the other party. In these times it is not just the Husband providing alimony to the Wife, it can be the Wife providing alimony to the Husband. NEED versus ABILITY TO PAY When looking at awarding alimony the Courts have a two-part test. First, the person asking for alimony has to demonstrate a NEED for alimony and the has to show that the other party has the ABILITY to pay alimony. When the court answers this question, they look at 10 factors, listed below: ​ (1) The standard of living established during the marriage. ​ (2) The duration of the marriage. ​ (3) The age and the physical and emotional condition of each party. ​ (4) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each. ​ (5) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. ​ (6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party. ​ (7) The responsibilities each party will have with regard to any minor children they have in common. ​ (8) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment. ​ (9) All sources of income available to either party, including income available to either party through investments of any asset held by that party. ​ (10) Any other factor necessary to do equity and justice between the parties. This is the catch all, which allows to look at other factors that it may give it relevant information as to awarding alimony. ​ TYPES OF ALIMONY There are more than one type of alimony, which also depends on the length of your marriage. Below are the presumptions of the type/length of marriage the parties have. But remember, presumptions are just that. . .presumption. With the right evidence, the presumption can be overcome. Types/Length of Marriages: ​ Short Term Marriage – a marriage lasting less than seven (7) years. ​ Moderate Term Marriage – a marriage lasting more than seven years but less than seventeen (17) years. ​ Long Term Marriage – a marriage lasting more than seventeen (17) years. ​ There are several types of alimony that the Court can award. Below are the different types of alimony can a party can request the Court to award, or for their spouse to pay. (1) Bridge-The-Gap Alimony is intended to allow a party to make a transition from being married to being single. ​ (2) Rehabilitative Alimony may be awarded to assist a party in establishing the capacity for self-support through either the redevelopment of previous skills or credentials; or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. ​ (3) Durational Alimony is to provide a party with economic assistance for a set period of time usually for a marriage of short or moderate duration. (4) Permanent Alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. (5) Lump Sum Alimony may be awarded when special circumstance arise that lead the Court to believe that it is required to pay alimony in this format. If you are preparing for a Florida divorce, reach out to Jarbath Pena Law Group today for a consultation. We will offer you knowledgeable and comprehensive family law representation that will strive to address your unique needs and allow you to maintain your lifestyle after the divorce. We treat all of our clients like family, and are completely invested in your future success. For more information or to schedule a consultation, contact us. #alimony

Small logo for Jarbath Peña Law Group PA, Family Law and Immigration Law Attorneys in Coral Gables, Miami, FL.

PRIVACY NOTICE:

At Jarbath Peña Law Group, we are committed to protecting the privacy of our clients and website visitors. This Privacy Policy outlines how we collect, use, and safeguard your personal information. By using our website or services, you agree to the practices described in this policy.

 

The information on this website is provided for general informational purposes only and should not be construed as legal advice. Visitors should not act or refrain from acting based on any information on this website without seeking legal counsel specific to their situation from a licensed attorney in their jurisdiction. The information provided here may not reflect the latest legal developments, verdicts, or settlements. Jarbath Peña Law Group expressly disclaims all liability for actions taken or not taken based on any or all the contents of this website.

 

Any information sent to Jarbath Peña Law Group through this website or via email is not secure and is transmitted on a non-confidential basis. Transmission of information from this website does not create an attorney-client relationship. Contacting Jarbath Peña Law Group through this website or email does not establish an attorney-client relationship unless and until a formal agreement has been signed.

Some links on this website may lead to third-party websites. Jarbath Peña Law Group includes these links for your convenience and does not endorse or assume responsibility for the content, accuracy, or operations of any third-party websites.

This website and its contents are provided "AS IS" without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Jarbath Peña Law Group does not intend to represent clients in jurisdictions where this website fails to comply with local legal or ethical requirements.

Types of Information Collected
We collect various types of personal information to provide and improve our services. This includes personal identifiers such as your name, email address, phone number, and mailing address. We may also collect professional information related to your legal case, which you provide during consultations or through website forms. Additionally, we collect technical data such as your IP address, browser type, operating system, and website usage information. Communication records, including emails and SMS messages, may also be retained for reference and service delivery.

 

How Information is Collected
Personal information is collected through multiple methods to ensure we provide a seamless experience. Direct interactions, such as filling out forms on our website, contacting us via phone or email, or scheduling consultations, are primary methods of data collection. Additionally, we use cookies and tracking technologies to gather automated information about your website activity, helping us analyze usage patterns and enhance the site’s functionality. Furthermore, third-party services integrated into our website, such as email marketing tools or appointment schedulers, may also collect relevant data.

 

Purpose of Data Collection
The personal information we collect serves several important purposes. Primarily, we use this data to deliver personalized legal services and communicate case updates, appointment reminders, and relevant legal information. Additionally, we use it to improve our website’s functionality, ensuring a better user experience. Your information also helps us comply with legal and ethical requirements, protecting both your interests and ours.

 

Data Security Measures
We take the protection of your personal information seriously and have implemented various security measures to safeguard it. Our website uses Secure Socket Layer (SSL) encryption to protect data during transmission. Access to personal information is limited to authorized personnel only, and we regularly monitor and update our data protection practices to prevent unauthorized access, alteration, or disclosure.

 

Data Sharing
Jarbath Peña Law Group does not sell, trade, or rent your personal information to third parties. However, we may share your data with trusted service providers who assist us in delivering our services, such as IT support or email marketing platforms. These third parties are bound by strict confidentiality agreements to ensure your information remains secure. Additionally, we may share your information when required by law or to protect our rights, clients, or others in legal or regulatory matters.

 

User Rights
We respect your rights regarding your personal information. You have the right to request access to the information we hold about you and to request corrections to any inaccurate or incomplete data. You may also request the deletion of your personal information, subject to any legal or regulatory obligations. If you no longer wish to receive marketing communications, you can opt out at any time by following the instructions in our messages or contacting us directly.

Contact Information
If you have any questions or concerns about this Privacy Policy or how your personal information is handled, please contact us. You can reach us via phone, email, or mail using the contact details provided below. We are committed to addressing your concerns promptly and transparently.

 

COPYWRITE NOTICE:

Reproduction, distribution, or retransmission of any material contained within this website is prohibited without prior written permission from Jarbath Peña Law Group.

USE OF COOKIES:

We use third-party services to monitor website activity, which may store cookies on your computer. These cookies help recognize your device on subsequent visits to our website or other sites serving related ads.

The information collected via cookies may include your IP address, date and time of access, and pages visited. This data helps us analyze website usage for improvements and statistical purposes. You can adjust your browser settings to notify you when cookies are being set or to refuse cookies altogether.

 

SMS Consent: SMS opt-in consent or phone numbers for SMS purposes will NOT be shared with third parties and affiliates for marketing purposes under any circumstances.

SMS Terms & Conditions

 

By opting in to receive SMS messages from Jarbath Peña Law Group, you agree to the following terms and conditions:

1. Messaging Frequency
You may receive periodic SMS messages regarding appointment reminders, case updates, promotional offers, and other relevant information. The frequency of messages will vary based on your engagement and the nature of your legal needs.

2. Potential Fees
Message and data rates may apply. These charges are determined by your mobile carrier and are your responsibility. Please contact your mobile carrier for details regarding your specific plan.

3. Opt-In and Opt-Out Methods

  • Opt-In: By providing your mobile number and explicitly agreeing to receive SMS messages, you consent to receive text messages from Jarbath Peña Law Group.

  • Opt-Out: To stop receiving messages, text STOP to [insert short code or number]. After opting out, you will receive a confirmation message, and no further messages will be sent unless you opt back in.

  • For help, text HELP to [insert short code or number] or contact us at [insert email/phone number].

4. Privacy Policy
We respect your privacy. Any personal information collected will be used in accordance with our Privacy Policy, detailing how we handle and protect your data.

By participating in our SMS campaigns, you agree to these terms and conditions. For any questions or concerns, please contact us at  info@jp-lawgroup.com

  • Facebook
  • Twitter
  • LinkedIn
  • Instagram

Copyright © 2021 - JP Law Group. Reservados todos los derechos. Creado por The CCWC Network Corp.

bottom of page