For many facing divorce or separation, the fear of starting from nothing and having no financial support during the transition from the marriage can be overwhelming. The reality is that when one party within the marriage decides to separate or divorce, there are many factors to consider, and the financial aspects are a big concern. After all, not all marriages are equal regarding the earnings of each party.
When one party is the primary provider in a marriage, this can leave the other party at a disadvantage when divorce is on the horizon. Florida laws, however, in certain cases allow for a spouse to seek spousal support or alimony to maintain your standard of living. At Hendry & Parker, P.A., we can help you determine whether alimony or spousal support is appropriate in your case and can help you reach a resolution on your behalf.
Prenuptial Agreements and Spousal Support
A prenuptial agreement can impact the amount of spousal support one party in the marriage can receive. However, often these agreements include terms that may be relevant to the financial support a party may receive in the event of a divorce or separation. Suppose you are considering separation or divorce but are concerned about how an existing prenuptial agreement may affect your right to support. In that case, an alimony and spousal support attorney can help you review this agreement and the legal options available to you.
Is There a Difference Between Alimony and Spousal Support?
The terms alimony and spousal support can often arise when discussing an impending divorce, but the terms refer to the same kind of financial support. Alimony is an older reference and term often associated with a man paying his wife a form of support when divorce occurs. However, as society evolves into more modern partnerships where either party could be the primary provider, the term spousal support is more common when referencing financial support from one spouse to another following the dissolution of a marriage.
How Do I Request Spousal Support?
When negotiating the dissolution of a marriage, financial matters, and disputes are often at the top of the list of concerns for both parties. One spouse may often request spousal support from the other through divorce negotiations and proceedings. Spousal support may not be appropriate in every case, but a spousal support attorney can help determine if you can seek this type of financial support as part of your divorce settlement.
Florida law recognizes various forms of spousal support. The reality is that not every situation is the same. While the spouse in one case may need and qualify for support for the remainder of their life, another spouse may only need financial support in the short term until they can stabilize their life following a divorce.
The types of spousal support recognized in Florida include:
- Permanent alimony
- Rehabilitative alimony
- Bridge-the-gap support
- Durational alimony
How Does the Court Determine Whether to Grant Spousal Support?
Spousal support is not a guarantee in every divorce. A court will look at various factors during the divorce proceedings to determine whether spousal support is necessary and, if so, how much spousal support is appropriate. The first element a court will consider is whether a spouse is in need of spousal support and whether the other party to the divorce has the means to pay for spousal support. If the court decides to award spousal support, it will then consider a wide range of issues to determine the amount of financial support.
Some examples of factors a Florida divorce court may consider when determining spousal support include:
- The standard of living of the parties
- The length of the marriage
- Age and health of the parties
- Financial resources of each of the parties individually
- The earning capabilities of the parties after the divorce
- The role each party played in the marriage
When Should I Talk to a Family Law Attorney About Spousal Support?
It is never too early to contact a family law attorney about concerns regarding divorce or separation. If you are thinking about a possible divorce in the future or separation from your spouse has already occurred, it is best to contact a family law attorney to discuss spousal support and other concerns as soon as possible.
Contact Our Skilled Dunedin, FL Spousal Support Attorneys Today to Seek The Results You Deserve
At Hendry & Parker, P.A., we understand the uncertainties surrounding the divorce process in Florida. We offer a personal case consultation where we can talk to you about your case and provide insight into the costs of representation and how long your case may take to resolve. Contact us today to schedule your case consultation with a member of our team.
Image Credit: Andrii Yalanskyi / Shutterstock
Image Credit: Burdun Iliya / Shutterstock
Image Credit: cunaplus / Shutterstock