Family Law

Bernstein Law was founded on the principle to bring service back into the legal profession. No more not getting a return call from your attorney, or being told that they are in a meeting. At Bernstein Law the philosophy is simple, we are in the service industry.

ST. PETERSBURG ALIMONY ATTORNEY

ALIMONY

We have all heard about the celebrities in the news who are going after each other for alimony. The old “standard of living” that a person needs that pays them $25,000 a month to keep up their lavish lifestyles. However, in everyday divorces Alimony can be a part of their proceedings. This usually happens in marriages where one partner gives up their career or prospect of starting on to support the other in their careers and the career of the one is successful. Marriage is a partnership and like a business, alimony is a vehicle to make sure that one person does not get a windfall from their relationship.

Types of Florida Alimony
Pursuant to Florida Statute (F.S.) 61.08 there are many different types of alimony in Florida, including:

Permanent Alimony
this type only happens in long term marriages and in rare instances. When the lower earning spouse has a rare chance at ever being self-sufficient due to age or disability. It also can happen when there is a drastic difference in earning potential and one partner is accustomed to a certain lifestyle. Think people married for 40 years and one partner never worked.

Temporary/Rehabilitative Alimony
this type can be awarded to help the lower earning spouse get additional training, education and career help. Think middle to long term marriage.

Bridge-the-Gap Alimony
This type is used to help the one spouse, “bridge-the-gap” from being married to single. Essentially acting as a spring board into single life. Think get a new apartment, their own vehicle, a new job.

Lump-Sum Alimony
One or a few payments from the hiring earning spouse to the lower. Usually only a few payments will be given to help the person get on their feet.

Durational Alimony
This type of alimony is only due for a set number of months or years.

How is Alimony Determined in Florida?

  • Standard of living
  • Length of marriage
  • Age, physical condition, and emotional condition of each spouse
  • Financial resources of each party
  • Earning capacity, vocational skills, education level, and employability of each spouse. (Time needed for either spouse to gain education or vocational training for career if they don’t have one)
  • Contributions to the marriage by each spouse. (I.e. homemaking, education, child care, and career support for other spouse)
  • Time sharing and support obligations each spouse has to shared minor children
  • Taxes for alimony award
  • All sources of income of each party (including investments)
  • Other factors

Is child support and alimony the same?
No, child support is about the financial support needed for the child, while alimony is about the factors above for each spouse. Child support can be taken into account when awarding alimony though.

If you need more information or are ready to file for a divorce with Alimony
If you are considering divorce with alimony and need to speak to an attorney for a free consultation please reach out to Attorney Derek Bernstein via email at dbernsteinlaw@gmail.com or by calling his cellphone at 407-405-4684 to schedule an appointment.

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