Divorce Lawyer Tampa Florida

AVVO Top Rated Divorce Lawyer, Tampa, FL

divorce attorney Tampa, Florida

Tampa Divorce Attorney
Nilo J. Sanchez & Associates

Divorce & Family Law Lawyer Tampa
Serving St. Pete, Clearwater and Pasco County
Contact Our Family Law Firm

1006 N. Armenia Avenue
Tampa, FL 33607

Phone: 813-879-4600
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Divorce Modifications

High Asset Divorces 


Timeshare | Child Custody

Modification of Timeshare

Equitable Distribution


Modification of Alimony

Parental Relocation

Child Support

Modification of Child Support

Family Mediation Process

Temporary Relief

Enforcement Orders

Florida Family Law Forms

Florida Family Law Links

Child support attorney Tampa
Family Law Attorney, Tampa Florida
Divorce Attorney Serving Tampa Bay,
Including Jurisdictions in Pasco & Pinellas
Counties, Florida


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.

Going Forward - Hiring a Tampa Divorce Attorney When Divorcing in 2018

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

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