When Does Alimony Begin? Can I Get Support During Separation?
You can get temporary support while your divorce case is pending and then, you can get alimony after the case is over. If there’s a need for temporary alimony, it’s addressed very early on in the case and when you get to the end of the case, the temporary support reward can be reviewed and possibly changed.
How Long Will I Have to Pay Alimony Or Spousal Support? What Factors Impact It?
In Florida, there is a specific law on the length of alimony and it is based on the length of the marriage. You cannot get alimony for longer than the length of the marriage. There are three categories. There’s a short term marriage, which is up to seven years, and those cases involve no alimony. Then, there’s a medium length marriage, which is seven to 17 years. Those cases are looked at on a case by case basis and they may get alimony, based on one party’s need and the other’s ability to pay. The longest you’re going to get alimony in a 17-year marriage is 17 years.
Once you pass the 17 year mark, you are into permanent alimony territory and you can get alimony for the rest of your life or have an obligation to pay alimony for the rest of your life. Every person has a right to retire, so when you reach retirement age, if you have a permanent alimony award, that alimony is going to be revisited and adjusted or terminated, depending on your financial circumstances at that time.
What Factors Does The Court Consider When Calculating Parenting Time?
In Florida, they have actually removed the word custody from the law. They now call it timesharing. The factors that the court looks at are what the traditional parental responsibilities were during the intact marriage: who did more, who did less, and who is more available. Parents need to be available to spend time with the children when they are with the children. The court will look at the historical relationship between the parents and the children. The court will also look at which parent is more likely to facilitate contact with the other parent. If you have a parent who is going to hinder contact between the children and the other parent, then the parent who’s causing the hindering may end up with less timesharing.
Can A Child Ever Have Any Say In Who He Or She Lives With?
At some point, the courts can take into account what a child might want, but the child never has the power to choose who to live with.
Who Typically Pays Child Support In A Divorce Case?
Child support in Florida is based on the net incomes of both parents. The other important factor is how many overnights the child or children spend with each parent. The child support formula is part of Florida law. It is a mathematical formula. In general, the higher earner is going to pay the lower earner child support, depending on what the overnights are.
For more information on Alimony & Spousal Support During Separation, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 928-9995 today.
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