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SPOUSAL SUPPORT
Spousal support, or alimony, payments are made from one spouse to another under a separation or divorce order. They are meant to help an economically disadvantaged spouse continue to enjoy a similar standard of living after the marriage ends.
In the majority of cases, the spouse who earns a higher income is ordered to pay spousal support to the other spouse.
Whether you are seeking spousal support or if you think you may be responsible for spousal support, Marcus E. Stein can represent your best interests in the courts so you get a fair judgment.
Spousal support is not a right, nor a guarantee. It is not intended to punish a spouse for misbehavior during the marriage, nor is it a reward or consolation prize for having tolerated maltreatment during the marriage.
Florida is a "no-fault" divorce state. This means that either party may seek a divorce without proving any reason for it other than they don't want to be married anymore. The spouse seeking a divorce simply needs to state that the marriage is "irretrievably broken." That said, wrongdoings in the marriage or cause for the divorce has no implications on the financial resolution of the relationship.
The sole reason for spousal support is financial and to ensure that both parties are able to maintain a standard of living after the marriage that is close to the standard established during the marriage.
A divorce is likely to have a financial impact on either spouse as the couple’s combined income becomes separate. If, as in most cases, one spouse earns more than the other, but the couple shared household income during the marriage, the spouse who earns less will suffer a greater loss.
Florida law makes provisions for ensuring spouses are not left destitute by a divorce in cases where they can demonstrate that they were financially dependent on their husbands or wives.
In considering a request for spousal support, a court that is hearing a divorce case will consider:
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Length of the marriage
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Relative earnings and estimated earning capacity of each spouse
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Ages and physical, mental and emotional conditions of each spouse
SPOUSAL SUPPORT TERMINATION AND MODIFICATIONS
The court will continue to have control over your spousal support order for years to come. In Florida, spousal support is automatically terminated upon death or remarriage of the supported party. If there is a major change in the financial situation of either party, the court can make modifications to the support order as well. And while a court may not award alimony initially, they can reserve the right to award spousal support at a later date.
Spousal support is subject to review if the circumstances have changed enough to warrant a change in support. Generally, this involves the person paying alimony having encountered drastic financial difficulties, or the spouse receiving maintenance suddenly needing less support. Marcus E. Stein will provide solid representation for parties seeking to secure alimony or who are faced with unmanageable spousal support obligations.
