Orlando Alimony Attorney
Alimony and Divorce in Orlando: Protecting Your Rights and Interests
When two people are going through a divorce or separation, serious changes are happening in their lives. Unfortunately, this often involves more than just issues with feelings and relationships. There are typically also serious financial changes, and in some cases, one spouse may find it difficult to support themselves economically. In such situations, it’s imperative to have an alimony attorney in Orlando, FL, on your side.
Whether you’re in need of spousal support or want to minimize any permanent alimony payments you have to make, working with a legal professional can prove invaluable. Your ex-husband or ex-wife will likely try to sway any agreement to their benefit. At the Law Office of Erin Morse, our family law attorneys are ready to fight to ensure their attempts do not leave you in an unfair or unjust position.
You deserve experienced legal representation for the best possible outcome. Contact an experienced family law attorney from our firm today to schedule your consultation.
What is the Purpose of Alimony under Florida Law?
Alimony, also referred to as spousal support or spousal maintenance, is intended to ensure that neither spouse suffers significant financial hardship after a Florida divorce. Courts may grant support that bridges an economic gap, helps a spouse become self-sufficient, or maintains a standard of living established during the marriage. Florida family courts weigh the receiving spouse’s need against the paying spouse’s ability to pay, focusing on achieving a fair outcome for both parties.
How Do You Qualify for Alimony in Orlando?
Before awarding alimony, Florida courts consider whether one spouse genuinely needs financial support and whether the other can afford to provide it. Factors include each spouse’s earnings, marketable skills, and overall financial resources. An Orlando alimony attorney often reviews credit card debts, mortgages, or other obligations to help establish whether an award is feasible. Courts may also require extensive financial affidavits to confirm both parties’ assets, liabilities, and income streams.
Alimony: Is it a Requirement in an Orlando Divorce?
The first thing any Florida family law attorney will tell you is that alimony is not a requirement. In many family law cases, judges do not issue spousal maintenance payment orders to either party. That’s because these decisions are based on one spouse’s need for financial support and the other spouse’s ability to provide it. If both individuals are on relatively similar financial footing with comparable income streams, there may be no need for spousal support at all.
For an individual to receive permanent alimony payments, they’ll have to establish that such payments are needed. For instance, perhaps their earning capacity was diminished during the marriage due to staying home with the children while their former spouse worked. It’s also possible that they don’t have the education or experience necessary to maintain their former standard of living — even after the equitable distribution of marital property following the divorce process.
Put simply, spousal support issues are complex in Florida. If you’re not careful, you could end up with an unfair court order. In such situations, seeking an order modification can be time-consuming, tedious, and difficult. This is why you should strive to secure a fair outcome from the start. The Orlando, FL, alimony attorneys at the Law Office of Erin Morse are here to help in this endeavor. Contact us today to schedule your confidential consultation.
Which Spouse Will Pay Alimony?
There are many assumptions that people make when it comes to spousal maintenance. For instance, it’s often expected that the noncustodial parent will have to make payments to the custodial parent. Then again, some people merely expect that the man in a relationship will be required to make payments. There’s also the common assumption that the individual who earns more money will be ordered to pay alimony.
However, it’s important to realize that these assumptions are often inaccurate. Yes, it’s typically the higher-earning individual who will need to pay alimony. However, spousal support orders may not be issued at all if lower earners are still able to financially support themselves and maintain their current standard of living. When both spouses are self-supporting, the need for such an order may be non-existent.
However, it’s important to remember that alimony issues are often subjective. How a judge views a certain situation may not be what’s really going on. This is why it’s so imperative to have an alimony lawyer in Orlando on your side. You need a legal advocate who can build a strong case on your behalf to ensure the courts understand the entirety of the situation. You deserve a just outcome. Our experienced Orlando alimony attorney can help.
How is Spousal Maintenance Calculated in Florida?
It’s important to understand that there is no specific calculation that decides what a spousal support payment will be in Florida. Instead, the courts will review these issues on a case-by-case basis. They’ll first establish whether a certain spouse needs alimony at all. This can be simplified if you and your former partner can reach an agreement via negotiation. Still, such an agreement will need to be court-approved.
When such decisions are left to the courts, though, a variety of factors are considered to calculate alimony payments. These include:
- Each spouse’s financial resources
- Standard of living established during marriage
- Age, physical health, and emotional condition of each spouse
- Length of marriage
- Financial and non-financial contributions to the marriage by each spouse
- Child responsibilities (e.g., health insurance)
Of course, situations have a habit of changing. For instance, remarriage of one spouse could remove their need for financial support. The same is true if the recipient spouse gets a good job, begins cohabitating with another partner, or has any other substantial change in circumstances. In such instances, a court modification may be in order.
Regardless of where you are in this process, our law firm will fight aggressively to secure a fair outcome. Contact our family law firm today to learn more.
What is the Role of Marriage Duration in Alimony?
Florida law typically categorizes marriage length as short-term, moderate-term, or long-term, and the duration can heavily influence the type and amount of support awarded. Short-term marriages may warrant little to no spousal maintenance unless specific circumstances exist. Moderate-term marriages often open the door to rehabilitative support that helps a spouse acquire education or training. Long-term unions, especially those exceeding 17 years, increase the chances of a more substantial alimony award to preserve the standard of living.
How Does Cohabitation Affect Existing Alimony Obligations?
Cohabitation with a new partner may reduce or terminate an existing alimony obligation if it significantly lowers the recipient spouse’s financial need. Under Florida law, courts assess whether the new living arrangement resembles a supportive relationship, meaning the parties share expenses, maintain joint accounts or pool resources. If these factors point to reduced dependency, the paying spouse can petition the court to modify or end alimony. Each case requires clear evidence proving that the recipient spouse’s financial condition has notably changed.
Types of Alimony in Florida
It’s essential to realize that alimony is not a one-dimensional legal issue in a Florida divorce. There are various types of spousal maintenance, and the type ordered will depend entirely upon the circumstances of your situation. An Orlando spousal support attorney at the Law Office of Erin Morse can help you better understand these, but here’s a simple explanation of alimony types in Florida:
- Temporary alimony is provided during divorce proceedings
- Permanent periodic alimony payments are made for life — or until the receiving spouse remarries or cohabitates with another individual
- Rehabilitative alimony focuses on supporting a spouse until they can become self-sufficient
- Bridge-the-gap payments are common in short marriages and do not last long
- Lump sum alimony is often awarded to ensure the equitable distribution of marital assets
- Durational spousal support provides support for a predefined period of time following the end of a short or moderate-term marriage
It’s important never to make assumptions when it comes to spousal support. Our alimony attorneys in Orlando, FL, will review your alimony case and help you understand your options. If you’re not careful, you could find yourself facing extreme financial difficulties. Contact the Law Office of Erin Morse today, and a Orlando spousal support lawyer will help you move forward.
How Do You Enforce Alimony Orders?
When a spouse fails to meet court-ordered alimony obligations, Florida family courts offer several enforcement methods. Wage garnishment allows the unpaid amount to be deducted from the payer’s paycheck. The court might also hold the delinquent spouse in contempt, imposing fines or other penalties to compel compliance. In severe cases, the court may seize property or intercept tax refunds. Such enforcement measures reflect the importance of alimony as a legal responsibility, ensuring the financial balance in the divorce decree.
What Are the Consequences of Failing to Pay Alimony?
Nonpayment can result in mounting arrears, significant interest charges, and a damaged credit score for the delinquent party. Beyond wage garnishments, the court may suspend professional licenses or revoke driver’s licenses until the delinquent spouse pays. The judge could also order jail time if the court concludes that the non paying spouse is willfully refusing to comply. These severe consequences highlight the legal gravity of ignoring spousal support obligations and encourage voluntary, timely payments.
How Do You Modify Existing Alimony Orders?
Florida courts understand that financial circumstances can shift over time, and alimony orders can be modified if a substantial change in either party’s situation occurs. Examples include job loss, severe illness, or a dramatic change in income for either spouse. The party requesting a modification must demonstrate that the altered circumstances are permanent, involuntary, and unforeseen. A Florida alimony lawyer typically helps clients compile evidence of these developments, seeking either a reduction, an increase, or a termination of support obligations when the criteria are met.
When Does Alimony End?
Florida law typically ends alimony upon the death of either spouse or if the recipient remarries unless the court’s order specifies otherwise. Certain forms of support, such as rehabilitative or durational alimony, have built-in time limits designed to ensure the receiving spouse can become self-sufficient. Even permanent alimony is subject to court review if conditions change drastically. An Orlando alimony attorney might advise filing a modification motion if the paying spouse’s health deteriorates or the recipient spouse secures a high-paying job.
Contact Our Alimony Attorneys In Orlando, Fl Today
Going through a divorce is never an easy journey. Even if you and your former partner agree on nearly everything, the legal requirements in our state can derail your goals. And when two individuals cannot reach amicable solutions, matters can get far more complicated. This is especially true when things like property division, parental obligations, domestic violence, and other matters are thrown into the mix.
Fortunately, these are not issues you have to face alone. At the Law Office of Erin Morse, our alimony attorneys in Orlando, FL, have extensive experience in spousal support and other divorce issues. It’s not uncommon to see a law firm simply “phone it in” and act as if there’s no way to avoid certain outcomes. This is not how we work, and it’s not how family law should work.
Contact us today at 407-900-7451 to schedule your confidential case evaluation. Our Orlando alimony lawyers are ready to assist.