Orlando Alimony Lawyer Near You

Do You Need An Orlando Spousal Support Attorney To Help With Your Divorce?

One very common issue that divorce attorneys in Orlando, FL deal with is that of alimony. Also referred to as spousal support, this issue arises most commonly when the parties to the divorce have been married for a term longer than seven years and where one of the parties earns substantially more than the other. An Orlando alimony lawyer familiar with alimony factors can explain whether your case could be an “alimony case” and the main differences between permanent vs. temporary alimony.

Types of Alimony in Florida

Florida statute section 61.08 is the section of Florida law that provides the types of spousal support that Orlando divorce judges can award and the factors that the judges must adhere to when considering these awards.

The different types of spousal support (alimony) that courts can award are bridge-the-gap, rehabilitative, durational, or permanent alimony. Usually, alimony is also not granted in Florida marriage annulment cases. Each alimony type has its own set of factors that your divorce attorney will compare to the facts of your case and argue to the court.

The first and most important question that your Orlando divorce lawyer near you will examine in any alimony analysis will be if the requesting spouse can show a need for alimony and then if it can be shown that the other spouse has the ability to pay support based on the standard of living established during the marriage.

If the answer to the two questions above is “yes” then the divorce court will consider the following factors as outlined in section 61.08 of the Florida ⁽¹⁾ Statute:

(a) The standard of living established during the marriage. (b) The duration of the marriage. (c) The age and the physical and emotional condition of each party. (d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each. (e) 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. (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career-building of the other party. (g) The responsibilities each party will have with regard to any minor children they have in common. (h) 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. (i) All sources of income available to either party, including income available to either party through investments of any asset held by that party. (j) Any other factor necessary to do equity and justice between the parties.

Permanent vs. Temporary Alimony

Recently, as of July 2023, Florida Governor Ron DeSantis ⁽²⁾ signed the Alimony Reform Measure into law which brought significant changes to alimony laws. This legislation revamps the alimony laws of the state. The updated law abolishes permanent alimony, establishes a five-year cap on rehabilitative alimony, and permits those paying alimony to request modifications under specific circumstances. However, the old alimony laws are still very much in effect for those who were granted alimony before the law passed or do not have the ability to modify their alimony. In this case, alimony would need to be paid until the duration, spouse receiving permanent alimony passes away, or a modification is mutually agreed upon.

Temporary alimony on the other hand is awarded to individuals who cannot support themselves immediately after the divorce without monetary aid, who have a plan and strategy for becoming self-supporting—like pursuing higher education or undergoing training for a new profession—and who have shown good faith in trying to achieve self-sufficiency, are considered under this type of alimony. Temporary alimony can last up to two years.

The main difference between permanent vs. temporary alimony is that permanent alimony is awarded after the court decision in divorce proceedings while temporary alimony is awarded while a divorce is underway. Again, keep in mind that if you have a new alimony case, permanent alimony is no longer awarded under the reform measure laws.

If you have questions as to the difference between permanent vs. temporary alimony and your alimony payments, contact our experienced spousal support lawyers near you.

Contact a Florida Alimony Lawyer Near You

If you require legal assistance regarding alimony matters in Orlando, Florida, our dedicated team of alimony lawyers is here to help. With our in-depth knowledge and expertise in family law, we can guide you through the complexities of your case and explain the differences between permanent vs. temporary alimony and if the new alimony reform measure impacts your case.

Whether you have questions, need advice, or are ready to take action, don’t hesitate to contact our office. Schedule a consultation today and let our alimony lawyers provide you with the support and representation you deserve. If you are going through a divorce and would like to speak to a divorce attorney for alimony in Orlando, FL, call our office today at 407-574-6155. You can also check out our Florida spousal maintenance calculator to help you get a better estimate of your alimony obligations.

If you’re looking for a women’s divorce attorney or if you’re looking for a “child custody attorney near me” contact our office.

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Reviews of Alimony Lawyer Sean Smallwood, P.A.

These are just some of our 67+ Google reviews.

⭐⭐⭐⭐⭐ “Highly recommend! I cannot say enough good things about Sean Smallwood and his team! They were amazing to work with! They always put my best interest and my daughter’s best interest first. They took the time to talk to me and understand my situation to formulate a strategic plan of action. I’m so grateful for this firm!” -Jennifer R. B.

⭐⭐⭐⭐⭐ “From the very 1st meeting with Sean I knew I’d found the right Team! Not just a Team that would fight for me but would also be a voice for my children. The process was exhausting at times due to a challenging opposition……However, Sean always had a professional and ethical way to navigate the small setbacks which allowed us to never lose traction in the case. I would also like to highlight how personal the experience was especially during those moments when I was ready to throw in the towel. Sean and his staff consistently made themselves available when I needed them the most. The end result far exceeded my expectations and wouldn’t have been possible without the expert team of professionals that Sean has put together. Truly a Client First Organization!” -Mike S.

⭐⭐⭐⭐⭐ “I am so thankful that I had Sean and his team to help me through this difficult process. Their compassion and knowledge really helped to guide me. My opposition was very challenging, which created a lot of strain and stress for me, but Sean and his team were always quick to explain the situation and what our plan of action would be. If it weren’t for their understanding, confidence, and support, I probably would have given up. Not only did they understand the legal process, they understood the mental process as well. Sean and his team picked up on this several times, such as when I was dragging my feet in the beginning because I was still in disbelief that it was all happening. Even with deadlines looming, they did not quit on me. Sage advice was given and they helped me through it…. I am truly grateful for the help, guidance, and perspective that was provided to me.” -Charles R.

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