If a husband or a wife pays financial support to the ex-spouse during a divorce or afterwards, it is called Alimony. The basic idea is that the ex-spouse has a right to maintain the same standard of the living that they had before the divorce.
As you can imagine this is a controversial idea and can be the main source of fighting during divorce proceedings. How much are you entitled to? How much is your ex entitled to? Should you have to pay? Should your ex? If these are questions you are facing, contact a Miami divorce lawyer at Grant Dwyer Law today to get answers.
Not every divorce involves alimony. It is only part of the dissolution agreement if a judge makes the decision to award alimony payments – and this only happens if one of the ex-spouses has demonstrated that he or she needs the alimony and that their ex has the ability to pay it. Proving that it is needed involves showing that the spouse cannot maintain the same lifestyle. The court will look into income, as well as the division of marital assets and debts. All of the financial books must be opened.
IF a Miami judge decides that one spouse owes alimony, the judge must consider a lot of different things to determine how much, including:
- What the standard of living was during the marriage
- Whether there was adultery or cheating by either spouse
- Tax consequences of alimony
- How long you were married
- How old each spouse is and the state of their health
- The financial realities of each spouse
- How much each spouse earns as well as how much they could earn
- Each spouse’s level of education and level of employability
- How much each spouse contributed to the marriage, financially and otherwise
- The responsibility each spouse has with regard to any children
- And all other sources of income available
The court will also determine whether your marriage was “short term” (0-7 years), “moderate” (7-17) or “long term” (17+) while making these determinations.
There are also different types of alimony:
- Temporary alimony that is awarded to one spouse while the divorce procedure is still ongoing
- Permanent Periodic Alimony that is awarded to one spouse until death or until remarriage or cohabitation. In order to receive this kind of alimony, the receiving spouse must prove that the marriage was long term, that there is a big difference between the income of the spouses and that the all the income the receiving spouse has on their own is not enough to maintain the lifestyle that was established during the marriage.
- Lump sum alimony is just what it sounds like and generally comes as a single monetary payment or a transfer in a property interest or a single payment to make equal property or asset division.
- Rehabilitative alimony is designed to get the recipient to a place to become able to support themselves, through getting more education or training or experience. The recipient must show the court a specific plan that will lead to this outcome.
- Bridge the Gap alimony is something that is expected to be short term which will allow the recipient to acclimate to his or her new financial reality after the divorce. It does not last longer than two years.
- Durational alimony is usually only awarded to spouses who were in short term to moderate term marriages. It will only be allowed for up to the same length of time as the couple was married.
If you are facing questions or concerns about possibly seeking alimony as part of a divorce in Miami, contact a divorce and alimony lawyer at Grant Dwyer Law to get your questions answered.
Call us at 305-215-7586 or click HERE.