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Divorce &
Alimony Attorney, Tampa, South Tampa, Brandon, Riverview, Pasco
and Pinellas County
Alimony in Florida Divorces
If you are divorcing in Tampa Bay, either party may be awarded
alimony. Aside from divorce being
a highly emotional experience for most, the reality that you may
either have to pay alimony or, that you may require alimony can
be worrisome. Alimony reform in Florida has been in the
spotlight for years however, to date, there have been no major
changes. However, there have been changes in Tax reform
requesting alimony. Beginning Jan. 1, 2019, if you are paying
alimony it will not be tax deductible. If you are receiving
alimony, it will not be considered taxable income. Currently
(2018) if you pay alimony this is tax deductible and if you are
receiving alimony, you must report this as taxable income. The
new alimony tax law will not be retroactive for those currently
paying or receiving alimony. Thus, this applies to couples who
are divorcing after December 31, 2018.
Read More:
New Alimony Tax Laws (Is it Beneficial to Finalize Your Divorce
by December 2018?)
Alimony Determination and Florida Law
Calculating an alimony award in a divorce is up to the judge who
hears your case and there are several factors that the courts
will consider when determining spousal support. The most common
factors in determining alimony are as follows:
1. Duration of Marriage
If you've been married for a
substantial length of time, you may be awarded alimony. Florida
Statutes defines a moderate-term marriage as one that is greater
than seven years but less than 17 years. However, if there are
"written findings of exceptional circumstances" even permanent
alimony may be awarded per the Florida Statutes. Read:
Types of
Alimony Awarded in Florida (Duration)
2. Standard of Living
Standard of living is most always a factor when the judge
determines the amount that will be awarded. The courts will
review and examine the financials, including all assets that
were obtained during the course of the marriage. Additionally,
the habits and lifestyle of the couple will play a big role in
determining how much alimony will be awarded, taking into
consideration how and where you vacationed and the general
overall lifestyle you were accustomed to. Long term marriages
are particularly subjected to the standard of living factor when
alimony is being determined.
3. Age, Health of Individuals
When determining whether alimony will
be awarded and calculating an amount, the courts will look at
the general health and condition of each party. Age, mental and
physical health are some of the factors that will be considered
with both spouses. If the recipient of alimony is considerably
older or has health problems, the courts will be more inclined
to make the appropriate alimony award. If you're marriage has
been of a short or moderate duration, and you are in excellent
health and younger than your spouse, an alimony award may be
less likely. Duration and other factors will be a consideration,
thus alimony won't be awarded solely based on the age and health
of an individual.
4. Financial Resources
When determining who will get alimony and calculating the
amount, The State of Florida looks to the spouses need and the
other spouse's ability to pay alimony. Marital and non-marital
assets can be reviewed and considered and every resource of each
individual will be considered prior to making a determination.
Hiring a Tampa divorce attorney who is familiar with how the
courts in various jurisdictions in Tampa Bay generally rule on
alimony awards can be beneficial.
5. Earning Capacity, Education, Employment
If both parties are working at the
time of your divorce and determination of alimony, the factors
will most likely focus on financial resources, duration of
marriage, health and age of each spouse. However, if one or both
are unemployed when determining spousal support payments, the
judge will examine the party's ability to earn a living if
unemployed. Prior work experience, education, general skills and
marketability of one or both parties will be considered. If
however, one spouse has never worked, and the duration of
marriage is considered long, a higher dollar spousal support
payment amount will likely be awarded. This is particularly true
in high-asset divorces. In shorter marriage d-urations however,
rehabilitative alimony may likely be ordered.
6. Contributions
Financial contributions are not the only meaningful factor that
a court will consider when determining alimony. Florida courts
will recognize homemaking, child care and whether one spouse
forewent their aspirations for a career so the other could
concentrate on theirs.
7. Time Sharing & Custody
In Florida, alimony considerations including the calculated
amount will work together with child custody and time sharing.
Although the courts presume 50/50 time sharing, there are
several factors that may be considered with regards to child
support, time-sharing as it applies to alimony. An experienced
alimony and child custody attorney can advise you in your unique
situation.
There are many factors that can determine an alimony outcome.
It’s important to note that marital settlement agreements can be
a preferred alternative to having a judge determine alimony.
Because of the new alimony tax laws beginning in 2019,
consulting with a Tampa divorce and alimony attorney sooner,
rather than later, is highly recommended.
If you are considering hiring a
divorce attorney in
Hillsborough County Florida, Pinellas or Pasco County, Florida, and you believe
you will be ordered to pay alimony to your spouse, contact
divorce & alimony attorney Nilo J Sanchez & Associates at:
813-879-4600 for a prompt consultation. It will be beneficial to
finalize your divorce prior to December 31 of 2018, particularly
if yours is a high asset divorce or contested divorce as these
can take time.
If however, you are considering a divorce and believe you will
be receiving alimony, finalizing your divorce after December 31,
2018 would make your alimony payments non-taxable income. This
doesn't mean that you should wait to speak with a Tampa divorce
lawyer because it's never too early to begin planning ahead for
your future. To discuss your options with an experienced Tampa
Family Law Attorney, contact our office for a consultation.
Tampa Divorce & Alimony Attorney
Nilo J Sanchez & Associates is
Family Law Firm located in Tampa,
Florida. A highly rated and respected Divorce & Alimony Attorney,
Attorney Sanchez & Associates represent clients in divorce
cases, contested & high asset divorces
alimony and modifications
of alimony. Attorney Sanchez is a top rated Tampa Divorce
Lawyer with decades of experience and knowledge of Florida
Family Law. If you need to hire a family law attorney who can
represent you in Hillsborough County, Pinellas or Pasco County,
Florida call Nilo J. Sanchez & Associates today. “Nothing is
More Important than Your Family.”
Alimony Modifications Tampa Bay, FL
For assistance with obtaining or modifying alimony in your
divorce case, please contact us. As a
family lawyer and
divorce attorney who
has been litigating divorce cases for over a decade in Tampa,
St. Pete and surrounding Tampa bay locales, Nilo J Sanchez &
Associates has the experience and
determination to represent you.
To learn more about laws that govern alimony in the State of Florida, please read:
 Alimony
in Florida - Frequently Asked Questions
Types
of Alimony Considered in Florida Divorces
Florida Statute 61.08
Alimony
Alimony
Reform in Florida
Consult with Tampa Alimony Attorney Nilo
J Sanchez & Associates - 813-879-4600
AVVO Top Rated Tampa Divorce Lawyer
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