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What do you need to prove to receive alimony in Miami?

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Alimony in Florida refers to the Court appointed financial support from one spouse to another after a divorce. There are many kinds of alimony and many factors that go into how much should get paid to the ex-spouse or whether any monies would be appropriate at all. This is a brief break down of how alimony can be awarded in Court. but anyone contemplating a divorce should consult with a Miami family law lawyer and speak about their options on a personal level. A family law lawyer will break down the specifics and explain all the legal options available to an individual on a more personal and detailed bases. 

The court takes judicial deference in considering the many factors associated with the amount and type of alimony necessary but before alimony is considered the recipient must prove that they have a need to receive the alimony and that the potentially paying spouse actually has  the capacity to pay. The more in need the recipient is, the more likely the court will be to consider granting a request for alimony. Courts usually will consider Florida financial affidavits which are simply a disclosure of both parties’ economic break down including assets and income along with their financial capacity. In some cases, the Court can look into education of the parties and even earning potentials and physical condition just to name a few factors that may be used to determine whether the potential to pay alimony and the necessity to receive alimony is present along with proceed in considering what the paying potential may be like in the future. 

Other factors the court may consider are the standards of living during marriage. Did either party go on any vacations? Were either one of the parties living a lavish lifestyle? What contributions did the recipient of the alimony give to the one that’s giving alimony? What did the recipient give up to give the other a better life? These factors, among others, all contribute to the final consideration of what a reasonable alimony decision will be. One of the most important factors the courts will look at is the amount of time the marriage lasted. The years of marriage, in many cases, may determine the amount of effort sacrifice and importance both parties placed on the marriage itself. If the marriage is anywhere from 0 – 7 years, the court will consider that a short term marriage. This means that the potential alimony receiver can argue an extenuating circumstance and maybe receive short term alimony to get back on his or her feet. If the marriage is anywhere from 8 – 17 years, that is considered a mid-term marriage by the Florida Courts and in some cases can produce a stronger argument for alimony than short term marriages. It is also important to know that the court will rarely place any permanent alimony in marriages that are not classified as long-term marriages, this term refers to Florida marriages that lasted 18 years or more. In these marriages there should be a presumption of alimony and even a possibility of permanent alimony which depends on the many factors explained above. Just because the Court awards alimony, does not mean that it will last forever, there are many different types of alimony that can be awarded by the Court and those have their own set of factors are put in place to determine longevity, usage and amount.

Again, alimony is not a cookie cutter, one size fits all type of litigation. Unfortunately, as seen above, the many factors that are examined in the determination of an award for alimony make it so that every single case is different and there is no cut and dry way to explain what would happen in your specific situation. The best course of action is to make an appointment with a Miami Family law lawyer as soon as possible and get a break down of all your rights and possible ways to proceed with a dissolution of marriage and alimony. Believe it or not Child support plays into what the possibility of alimony will look like and is calculated separately. If you want to speak to an attorney, please schedule a valuable consultation with one of.  Our family law lawyers to determine your rights and best Course of action. Our consultations for these types of cases require a nominal fee but provide immensely valuable information that you will need regardless of whether you choose to hire a Miami family law lawyer or proceed on your own. 


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