Spousal Support is Not a Cut and Dry Issue
Under Florida divorce law, spousal support may be awarded under certain situations to either the wife or the husband. Spousal support is not meant to be punitive. Instead, it is sometimes awarded to help the lower earner- whether that is the husband or the wife- to get “back on their feet” or maintain the marital lifestyle for at least some period of time following the end of a marriage. Although support may often be thought of as paid on an ongoing basis, it may be awarded as a lump sum or as some combination of the two. When making a determination of whether or not to award support, the court may consider many factors including non-monetary issues. Spousal support is not a cut and dry issue. If you are a husband or father, and considering a divorce, then the firm In Law We Trust Divorce and Family Lawyers, should be your first call. We will counsel you about your rights and responsibilities under Florida law to ensure that you are well-represented and your interests are well-protected.
How is Spousal Support is Determined?
The court will consider the facts of the case to determine whether the spouse requesting support meets the standard to show necessity. If there is a need, the court must also determinate if the other spouse has the ability to pay. Some financial factors that will be considered include:
Contributions each spouse made to the marriage financially
Economic position of each spouse including marital and non-marital assets that are being distributed or retained under the divorce decree
Assumption of any debt incurred during the marriage
If it is determined that the financial situations warrant spousal support, the courts will consider other factors when determining that amount. Those factors include:
Contributions each spouse made to the marriage including homemaking, child care, and support of spouse in obtaining education or building a business or career
Standard of living that each spouse enjoyed during the marriage
Age of each spouse
Any physical and emotional impairments that might create additional economic need or hinder earning capacity
Whether or not each spouse requires additional education or career training in order to obtain self-supporting employment
You may have other extenuating circumstances that are unique to your situation. That is why it is imperative that you retain an attorney to guide you through the divorce process. Otherwise, you may end up making unnecessary financial commitments or losing financial benefits that are due to you and severely jeopardize your future well-being and stability.
What are the Different Types of Spousal Support?
Temporary- Awarded during the divorce proceeding. It is automatically terminated upon a formal divorce decree and may be replaced by another type of award.
Bridge-the-gap- Short-term transitional award to pay foreseeable and identifiable bills associated with re-starting a life without a spouse.
Rehabilitative support- Granted for a spouse to pursue educational programs or vocational training in order to obtain employment that will allow for self-sufficiency.
Durational support- Awarded as a set amount over a pre-determined period of time, not to exceed the length of the marriage.
Permanent support- Awarded after a moderate length or long-term marriage to a spouse that is unable to be self-sufficient.
Some of these awards may possibly be modified at a later date if there is a significant change in circumstances. The laws on spousal support and modification are constantly changing and can be quite complicated to navigate, especially on your own.
Seek the Counsel of In Law We Trust Divorce and Family Lawyers
Don’t take any chances with your current and future financial well-being. Divorce is stressful enough. You will need the attorneys of In Law We Trust Divorce and Family Lawyers to work with you to determine if you will be obligated to pay, or even have the opportunity to receive, spousal support, and what a fair amount would be. We will help clear up the misconceptions surrounding spousal support and will work toward your goals and best interests to see that you are treated fairly by the Florida courts.
Call The Family Law Experts Men Trust (813) 415-3510
In Law We Trust Divorce and Family Lawyers is a premier firm of divorce lawyers representing men in family law proceedings. We are uniquely positioned to assist our clients with the challenges men face in Florida’s court system. Call us today and get the proper representation men need and deserve.