Accomplished Spousal Support Lawyers in Stuart, Florida
At the Law Office of Denise Miller, our Stuart, Florida spousal support attorney provides clear and easy to understand legal guidance for spouses who are divorcing, whether they are seeking alimony from their soon-to-be ex-spouse to maintain the lifestyle s/he has grown accustomed to during the marriage, or if s/he is the one who will be ordered to pay alimony going forward.
Our Martin County and Stuart alimony lawyer provides real-time answers for all of our clients’ spousal support needs, so no one is left wondering exactly what their financial future will look like after their divorce is final. Each spousal support case is unique, and our Stuart, Florida spousal support attorney will provide customized solutions for your financial needs, so you can move forward with your life confidently.
Are There Different Types of Alimony That Can Be Awarded In The State of Florida?
The State of Florida recognizes six different types of spousal support agreements, with each award based on the unique circumstances of your marriage and its dissolution.
The different types of Florida spousal support include:
- Bridge-the-Gap Spousal Support
Bridge-the-Gap spousal support is a temporary form of alimony that can last no longer the two years. It is intended to provide financial support for a spouse who is seeking a professional certificate or vocational training, or who are reentering the workforce or waiting for the financial outcome of a home’s sell.
- Durational Spousal Support
Durational spousal support is designed to be awarded for a specific period of time, which cannot exceed the length of the marriage.
- Lump Sum Spousal Support
Lump sum spousal support settlements can be reached during negotiations where the recipient agrees to take one lump sum payment, instead of having it paid over the course of time.
- Permanent Spousal Support
Permanent spousal support is paid until the recipient remarries or passes away. Permanent spousal support is typically awarded when the recipient can prove that his or her financial circumstances will not improve to the point s/he will be able to provide for their own needs.
- Rehabilitative Spousal Support
Rehabilitative spousal support is intended for someone who is seeking a degree or other training to advance their financial standing and support themselves going forward. It is also awarded in specific terms, including the amount and length of the payments necessary before the spouse is able to support him or herself.
- Temporary Spousal Support
Temporary spousal support is typically paid while a divorce proceeding is underway, and the finalization is pending. This allows the supported spouse to pay for their current financial obligations before the final spousal support decisions are made.
How Is Spousal Support Determined In The State of Florida?
The Florida Legislature provides the guidelines for the factors that determine the amount of spousal support that is paid when couples divorce.
Those factors include the:
- Recipient’s financial resources, including separate property or the awarded marital property upon the divorce’s finalization
- Complete income sources of both spouses
- Earning capacity, educational history, vocational skills, and employability of each spouse
- Time and resources necessary for the recipient to obtain education and training for appropriate employment
- Marital standard of living
- Length of the marriage
- Age of each spouse
- Physical and emotional condition of each spouse
- Contribution each spouse has made to the marriage, including homemaking, childcare, education, and helping the other spouse build a career
- Responsibilities each spouse will have for any shared minor children
The Taxable Consequences of Spousal Support As of January 1, 2019
As of January 1, 2019, U.S. Congress passed the Tax Cuts and Jobs Act bill that changed the way spousal support is taxed by the IRS.
The new law states that:
- The person paying spousal support cannot deduct the payments as an expense
- The person receiving the spousal support will no longer have to report alimony as income or pay the taxes on that amount when filing their annual tax return
Before the start of 2019, the exact opposite was true, and the payer could deduct the spousal support as an expense, and the recipient claimed the payments as income.
Are You Pursuing A Divorce And Are Worried About The Spousal Support Implications in Florida?
At the Law Office of Denise Miller, our spousal support lawyer in Stuart, Florida can help you determine exactly what style and amount of spousal support you may be ordered to pay, or that you are entitled to, after a divorce by scheduling a free initial consultation with our office today by calling 772-934-6007.
Do not let the financial unknown cause more anxiety and stress. Our Stuart spousal support attorney can help you get the answers you deserve, so you can plan your future accordingly.
At Law Office of Denise Miller, our criminal and family law firm in Stuart, FL focuses on the following practice areas:
Family Law, including:
- Child Custody
- Child Support
- DCF/Dependency cases
- Divorce
- Paternity
- Post Judgment Modifications
- Spousal Support
Criminal Defense, including:
Frequently Asked Questions for Spousal Support in Stuart
Can spousal support be modified after it has been awarded?
Yes, spousal support can be modified if there is a significant change in circumstances. This may include changes in income, employment status, or the recipient spouse’s needs. Either party can request a modification by filing a petition with the court.
How long does spousal support last?
The duration of spousal support depends on the type awarded and the specifics of the case. Temporary alimony lasts until the divorce is finalized, while rehabilitative alimony continues until the recipient becomes self-sufficient. Durational and permanent alimony can last for varying periods based on the court’s decision and any changes in circumstances.
Do I need an attorney to handle spousal support matters?
While it's possible to navigate spousal support matters on your own, having an experienced attorney can significantly benefit your case. An attorney can help ensure that your rights are protected, provide guidance on the legal process, and advocate for a fair outcome.
What should I do if I have more questions about spousal support?
If you have additional questions or need further assistance regarding spousal support, we encourage you to contact our office. Our team at the Law Office of Denise Miller is here to provide you with the information and support you need. Schedule a consultation with us to discuss your case in detail.
How is spousal support different from child support?
Spousal support is financial assistance provided to a former spouse after a divorce, while child support is financial assistance provided to support the upbringing of children. The two are separate and distinct, with spousal support focusing on the needs of the ex-spouse and child support focusing on the needs of the children.
What happens if the paying spouse fails to make spousal support payments?
If the paying spouse fails to make the required spousal support payments, the recipient spouse can file a motion with the court to enforce the support order. The court may take various actions, including wage garnishment, liens on property, or other legal remedies to ensure compliance.
Can spousal support be waived or modified by mutual agreement?
Yes, spousal support can be waived or modified by mutual agreement between the spouses. Such agreements should be documented in writing and may need to be approved by the court to ensure they are legally binding and fair.
