Alimony
Facing Alimony Dispute? Our Melbourne Law Firm Will Help.
Divorce is undoubtedly a pretty emotional and overwhelming period for both parties. It’s common for people’s judgment to be clouded as they deal with the various aspects of divorce. One thing that causes conflict during the proceedings, more often than not, is alimony.
Yes, alimony disputes are all too common in Melbourne. It’s challenging for both parties to agree on the terms of alimony. And if you don’t want to end up with a shorter end of the stick, you will need an experienced and competent lawyer on your side. You have to hire someone who will fight on your behalf, ensuring you aren’t deprived of your rights. This is where we step in.
Our firm specializes in handling alimony disputes in Melbourne, FL. We fight for our client’s rights passionately and strive hard to ensure their demands are met.
Understanding The Basics Of Alimony Disputes
It’s surprising how many people aren’t even aware of how alimony works. This is one of the most significant reasons that lead to alimony disputes. Most people know about child support for divorce.
This refers to the amount a party will have to pay the other for taking care of the child. Alimony is somewhat similar. It’s called spousal support, wherein a party has to provide financial support to the lower-income spouse.
If a spouse is unable to support himself or herself financially as they had spent most of their time at home during the marriage or earns a lower wage, he or she can stake a claim for alimony.
Florida law is pretty clear about alimony which is drafted to help spouses meet their needs. We are available to represent both the recipient and the paying spouses in alimony disputes. We understand how stressful the time can be, which is why we endeavor to provide you assistance in the best way possible.
Keep in mind that the longer the marriage is, the more alimony the recipient is likely to get. Typically, a 10-year marriage is considered long-term. And there’s a strong chance of a partner getting spousal support in this case.
However, if both parties earn considerable income and have steady occupations, it’s unlikely for the court to grant alimony to either. This is another instance where the experience of your lawyer counts.
Do I Fulfil The Criteria For Alimony In Melbourne?
If you are in the middle of an alimony dispute, you can count on our firm to defend your rights vigorously. Additionally, we will also explain to you all the factors the court can consider while awarding alimony. These include:
The Duration Of The Marriage
Yes, the length of the marriage is among the most significant factors for spousal support. Special consideration is given to marriages that last for less than seven years or over 17 years.
The Standard Of Living
Naturally, the couple’s lifestyle also matters quite a bit. The court considers the kind of lifestyle you maintain before separation. The goal is to ensure that both parties can maintain a similar standard of living post the divorce.
Age And Health
If a spouse is unable to work outside the house due to age or disability, they are considered for merit compensation by the court.
Earning Capacity And Assets
It’s pretty likely that one partner was the primary breadwinner during the marriage. In this case, he or she can be ordered to pay alimony until the ex-spouse develops the ability to earn and maintain his/ her living standard.
Contribution Of Each Party To The Marriage
Usually, if one partner earns, the other spends their time homemaking and taking care of children. The court gives utmost regard to their contribution while awarding compensation.
Other factors given importance during alimony disputes are
- The overall sources of income of both parties, including the investments
- Tax treatment to both parties
- The role of a spouse in the failure of a marriage
Our lawyer will ensure your situation is reviewed in great detail so you can get a clear idea of what to expect with your case.
Increase Your Chance Of Fair Alimony Payments
As per the state laws, there are various types of alimony payments the judge can award depending on the circumstances. These include
Bridge-The-Gap Alimony
This is awarded to a spouse who requires financial assistance while making the transition from married to single life. This form of alimony cannot last for more than two years.
Durational Alimony
If the marriage did not last long enough for permanent alimony to be considered, a spouse could get payments for a specific length of time decided by the court. Keep in mind that this period cannot extend beyond the length of the marriage.
Rehabilitative Alimony
This is meant to give a spouse some time to get back on their feet and provide for themselves.
Permanent Alimony
This is awarded to those spouses who aren’t expected to support themselves reasonably after the divorce. It doesn’t matter which side you are on; you will need expert guidance to ensure your burden is lessened as you embark on a new journey. Our firm has your back!
Can The Spousal Support Amount Be Modified?
Indeed! If there’s a significant change in the financial condition of either party, the spousal support can be altered at the request of a spouse. Some situations where such a request is likely to be considered include:
- Health problems
- Lottery
- A significant increase in income
- A change in employment status
It’s crucial to keep in mind that in case both parties decide to make spousal support non-modifiable beforehand, none can file a petition to change this amount later. If you want to keep this option open, you have to include a clause stating the same in your settlement agreement.
Why Do I Need An Alimony Attorney In Melbourne?
Alimony plays a critical role in securing your future post-divorce. If both parties are unable to agree on the terms privately, the matter will go to court. If things come to this point, you will find it pretty challenging to handle it on your own. Finding a family law attorney at the last minute might not work in your favor. You need someone who will fight for your best interests.
Keep in mind that family laws can be pretty complicated. Expertise and professionalism are mandatory to navigate through such proceedings. This is where we can help you out.
We have been in this field for many years and therefore understand how to fight for our clients and safeguard their future. If you want to ensure your alimony dispute is settled in your favor, you know who to turn to!
Contact us for a consultation or reach out to us on our Murphy Downs Facebook page.