Even if divorce cannot be prevented, you may still be able to avoid an alimony award in your divorce case in florida. Speak with a tampa alimony attorney at hd.
Like most states, florida recognizes that there are circumstances.
How to avoid alimony in florida. As long as alimony was awarded in the original divorce decree, section 61.14 of the florida statutes provides that most types of alimony may be modified or terminated when there has been an unexpected, involuntary, and substantial change in circumstances that affects the former spouse’s ability to pay, or the other. Florida courts do not have a formula or guidelines for determining the amount of alimony a payor spouse must pay to the payee spouse as part of a divorce settlement. Before even beginning a statutory analysis of alimony, a florida judge must assess the need and ability to pay of the parties.
Alimony, or as it is called in some states, spousal maintenance, is a payment of money from one spouse to the other spouse either during the divorce process or ordered to begin after the divorce is finalized.during a divorce, spouses look for any way they can to avoid spending or losing their money, including trying to avoid having to pay alimony to their ex. That means the judge will be looking at your income first. In florida, there are unique terms, like a quitclaim deed.
Put an end date on alimony payments. Florida does have a cohabitation statute where alimony can be determined if your spouse acts married with a new partner but does not pull the trigger on marriage. How to avoid paying for permanent alimony in florida.
There are many different types of alimony in florida, which vary in amount, form, and duration. Florida allows alimony to be paid periodically, usually monthly or quarterly, or in a single lump sum. You should never use this strategy as a means to avoid paying alimony or get child support monies from your spouse.
 x research source you should consult with your attorney and a tax professional to determine how to structure the payment schedule to minimize the tax consequences. The florida courts require that in order to obtain a modification of alimony there must be a substantial change in circumstances since the original order of alimony, such change in circumstances was not contemplated during the original proceedings and the change is “sufficient, material, involuntary and permanent in nature.”. (a) (1) except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for alimony if the supported party is cohabiting with a nonmarital partner.
If you and your spouse are divorcing, your spouse may be willing to accept a larger property settlement instead of alimony payments. However, in some cases, alimony is inescapable, though it does not mean that florida courts order spousal support in every divorce. Alimony is taxable income in all states.
That is why it is important to understand the circumstances in which you could be able to avoid an alimony award. Temporary alimony support in florida. Before modifying alimony payments, a judge will consider the nature of the relationship, the finances shared and held between the couple, the length of time they have been together, and so on.
Marriages don’t always end up the way we imagined them. If you are seeking alimony or trying to prevent paying alimony, contact a divorce law firm in tampa for help. Under florida law, there are five types of spousal support:
Remember, florida really likes contracts and will enforce them whenever possible. Florida also allows alimony to be terminated if the recipient is in a “supportive relationship.” these are looked at more carefully: As you will see below, alimony support in florida is complex.
Alimony, also known as spousal support, is an incredibly common part of divorces in florida. One aspect of a divorce that remains controversial up to this day is the issue of alimony, particularly permanent alimony. When a divorce is on the horizon might not be the best time to double your hours at work, or work through the weekends if overtime is a possibility.
To avoid this, you and your spouse may also agree to a spousal support amount and get it in writing for a judge to sign as an order. It allows a spouse to adjust to the new life after the separation while the divorce process takes place. Alimony laws in florida are some of the most progressive in the country.
You can offer these items in lieu of alimony. You should strongly consider including a termination date in your divorce decree or agreement. How to avoid an alimony award during a florida divorce.
For example, alimony might terminate should she move in with a boyfriend. Alimony payments do not have to be a lifelong affair. There may also be other issues that are important to your spouse, but not so important to you.
Alimony is not awarded in 100% of all divorce cases in florida. This is why it’s helpful to get an attorney. Alimony is often necessary in a divorce given that most couples make sacrifices in their marriage, such as by giving up a job to raise children or support the other spouse’s career.
The amount and duration of alimony in florida are determined on a case by case basis. A judge of the florida alimony law court awards pendente lite (temporary alimony), a type of alimony, when one spouse or both decide to divorce in court, but the separation process is not yet complete. This type of alimony is exactly as it sounds, a temporary award that only lasts during the duration of the pending divorce.
That much has become a fact as more and more couples turn to divorce after being married for some time. This will remove the need to. All the law gives us is a litany of factors the court must address when determining spousal support.