Alimony Assistance From an Experienced Boca Raton Law Office
Applying Florida divorce laws governing spousal support
Alimony may be awarded to either spouse if the court determines that support can permit a more equal distribution of the divorcing parties' resources. The Law Offices of Schwartz | White effectively advises clients on this important matter in cases involving the pursuit of and challenges to spousal support. When appropriate, we also seek a maintenance award to support a spouse until the conclusion of the divorce, this in known as temporary support. Our lawyers have more than 50 years of combined experience negotiating settlements and arguing for the court to issue fair temporary and permanent alimony awards.
Factors the court considers in spousal support decisions
When deciding whether and how much spousal support or maintenance to award, the family law court considers various factors, including:
- The standard of living during the marriage
- The marriage’s duration
- The age and physical and emotional condition of each spouse
- The financial resources of each spouse, including their non-marital and marital property and liabilities
- The time necessary for either spouse to acquire sufficient education or training necessary to secure appropriate employment
- The contribution each spouse made to the marriage, including income, homemaking, childcare and support for the education and career of the other spouse
- All sources of income available to each spouse
- Any other factor relevant to equity and justice between the parties
Types of spousal support
Under Florida Statute §61.08, the court may grant alimony to either spouse. The type of support depends on its purpose. Permanent alimony that provides lifetime financial support to a partner is usually ordered in cases involving lengthy marriages or when one spouse is unlikely to find appropriate employment even if given the opportunity to receive education and training. For example, if the individual has a disability or is older, the court may award permanent alimony. Rehabilitative alimony is typically awarded for a definite time and may finance a spouse’s education and training to promote future independence. Support may involve a lump-sum payment, periodic payments or a combination of the two. Florida has five different types of alimony including bridge-the-gap, rehabilitative, durational, permanent periodic and lump-sum alimony. Contact our office for a thorough explanation of the different types of alimony available in Florida and how they may apply in your case.
Spousal maintenance (temporary support) in Florida
A court may order maintenance during the pendency of the divorce proceedings. This is called temporary support. A temporary support award does not affect the final ruling on the matter in the final decree, meaning that a spouse who receives financial support prior to finalization of the dissolution may be denied alimony, and yet a spouse who receives nothing during the dissolution proceeding may agree to or be awarded support in the Final Judgment of Dissolution of Marriage.
Tax implications of spousal support
The Law Offices of Schwartz | White can assist with the tax implications of spousal support awards by providing access to and employing the use of forensic accountants. Generally speaking, in most circumstances, the payor is permitted by the IRS to deduct the amount of alimony from income, whereas the recipient must report the support as taxable income.
Learn more about how our Boca Raton lawyers can help you win a just alimony award
To learn more about spousal support decisions in the Palm Beach County courts, call the Law Offices of Schwartz | White at 561.391.9943 or contact us online to schedule an appointment. We serve all of South Florida from our Boca Raton office, conveniently located off I-95 in the Bank of America Building. Free parking is available.