Jacksonville Divorce Lawyer Blog

Alimony is often the mind of those going through a divorce in Florida. During a marriage, there is often give and take from both sides and sometimes there is an agreement for one party to work while the other stay home or one party to be the primary breadwinner while the other party may contribute a portion of the household income. However, when the marriage dissolves, the agreements of the parties during the marriage may impact the outcome of the divorce and bring claim to alimony as a result. Florida alimony is designed to help keep the parties in a position where they may have a similar lifestyle to that established during the marriage; however, that determination is based on a number of factors including the length of the marriage, contribution to the marriage, etc. Also, alimony can be awarded in different forms: bridge the gap; rehabilitative; permanent periodic; permanent; or lump sum.

Bridge the gap alimony is defined by Florida Statute 61.08(5) and may be awarded in order to provide support for a party to transition from married to single life. It is designed to help with the short-term needs of the party and it can be awarded for up to two years and is not modifiable, but is terminated if the receiving party marries or the paying party dies. This is typically awarded in short-term marriages, those lasting less than 7 years.

A family law attorney can help you with your divorce and questions related to alimony, divorce, visitation issues, etc.

Alimony in Florida is based on a number of factors, including the length of the marriage. A party qualifies for alimony based on the length of the marriage, the need, and the other party’s ability to pay alimony.

The Florida legislature recently defined what a short-term marriage, moderate-term marriage and long-term marriage consist of in terms of years. This is helpful in determining which type of alimony may be awarded. In Florida, the length of the marriage is determined from the date of the marriage until the filing for the divorce.
According to Florida Statute 61.08(4), the Florida legislature has defined the length of marriage, which is a rebuttable (i.e. arguable) presumption, as follows:

1. Short–Term Marriage is a marriage duration of less than 7 years;
2. Moderate-Term Marriage is one having a duration of more than 7 years and less than 17 years;
3. Long-Term Marriage is of a duration of 17 years or more.

You should speak with a Florida divorce lawyer to better understand your rights and options in a Florida divorce.

Alimony cases in Florida are determined by Florida statute, but not by a Florida calculation. Since the court is the one to make the overall determination of alimony, the statutes provide certain guidelines in determining what type of alimony will be awarded; the need of the requesting party; and the ability to pay the alimony if awarded.

To make these determinations, Florida Statute 61.08(2) gives a number of factors for the Court to consider in making its decision. The factors include the following:

(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.

A Florida divorce lawyer can help determine whether your case will involve alimony and how to best present evidence regarding the issue.

F.S. 61.08. Also, the court must determine whether the responsible paying party has the ability to pay alimony. These factors are based on the evidence presented in the divorce case and is based on factors like the financial earning ability of the parties; the present financial situation of the parties; the historical roles in the marriage (e.g. home maker and breadwinner); present expenses; health issues; etc. The court must be presented evidence from both parties in order to determine these factors.

A Florida divorce lawyer can help determine whether your case will involve alimony.

Divorce often comes with concerns for alimony; the concerns are for paying alimony and qualifying for alimony. In Florida, divorce and alimony are controlled by statute. Statutes determine the law associated with everything from qualifying for alimony to how the alimony will be paid.

Florida alimony is determined by the court and can awarded in the following ways F.S. 68.01(1):
1. Bridge-the-gap: this is for a term to help the needing party get from married to single life;
2. Rehabilitative: designed to provide support to the needing party to finish his/her degree, get work training (i.e. computer training), or any other trade that the individual may need help with in order to procure a job/career;
3. Durational: meaning support is determined for a fixed period of time; or
4. Permanent: meaning that support is necessary forever to keep the needing party in a similar lifestyle to that developed in the marriage.

The type of alimony awarded by the court is based on a number of different factors. The court may consider the adultery of either party in determining the amount to award in alimony. However, the court must find facts in the case to support the award or denial of alimony.

A Florida divorce lawyer can help determine whether your case will involve alimony.

Divorce and custody battles can put a strain on a family, especially the children. Florida divorce and custody laws provide provisions that are designed to make the battle easier on the family by keeping the children in the forefront. To that end, Florida laws have changed in the last few years to include name changes, such as time-sharing instead of custody/visitation and the development of a parenting plan to help parents think through the issues that may arise for the child.

Florida Statute 61.046(14)defines the parenting plan as, “…a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration.” The idea is make the parents and the court aware of issues that have existed and may exist in the future while trying to raise a child separately.

Each family is different, so you should speak with a Florida family law attorney regarding your case.

Florida family law matters such as divorce, paternity and child custody or time-sharing issues are defined by Florida Statute. The statutes provide a groundwork for cases involving family law matters so that the issues may be properly addressed for spouses and the related children.

In a case involving children, the Florida Court’s now require that a time-sharing plan be developed to outline the schedule the children will be with each parent, according to Florida Statute 61.046(23). The time-sharing schedule must be included in the parenting plan and it shall be as follows:

1) The parents develop and agree to the plan and it must be submitted to the Court for approval; OR
2) The courts establishes the time-sharing schedule if the parents cannot reach an agreement or if the court does not approve the parents’ schedule.

A family law attorney can help you to better understand this process and guide your through it.

Florida divorce and paternity cases can involve issues regarding parental responsibility. Parental responsibility is the term used to define the actual building of parent/child relationships and parental decision making for children. When both parents are mentally healthy, stable and responsible individuals there is normally not a question of the division of such responsibilities, they will be shared. However, what happens if one parent is absent and remained absent from the child’s life or one parent has a severe drug addiction; will the parents still be required to make decisions together?

Florida Statute 61.046(17) defines shared parental responsibility as both parents having equal share in major decisions involving the children (i.e. school; non-emergency surgeries, etc. If it is not in the best interest of the children for the parents to share these decisions, then Florida Statute 61.046(18) defines sole parental responsibility as a court-ordered relationship in which one parent makes decisions regarding the minor child. This is normally an issue when the Court or parties agree that one parent is more likely to take responsibility for the children and the other party is less likely to be able to engage in such decision making as would be required during the life of the children.

You should speak with a family law attorney about your rights and options regarding matters involving your children when going through a divorce or paternity action.

A Florida divorce must be by the book, meaning that the laws are followed to have a divorce approved by the Court. When filing for a divorce it is important to plead or argue certain facts, like there was a breakdown for the marriage. In fact, the laws surrounding divorce actually require that there be reason for the marriage to end. Simply saying, “I want a divorce,” does not mean that the Court has to or will grant the dissolution of marriage.

Florida Statute 61.052(1) indicates that a divorce can only be granted if the parties show one of two things:

(a) The marriage is irretrievably broken. This means that no matter what the parties have or may try, there is no chance that the marriage can remain intact; or

(b) One of the parties lacks the mental capacity to be married. However, this actually requires the alleged incapacitated party actually be adjudged (ordered by a court) as incapacitated for at least 3 years.. There are provisions that must also be met in this scenario for purposes of filing for divorce.

Before filing for divorce, you should speak with a divorce lawyer about your rights and options.