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Spousal Support
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Your life will change significantly following a divorce. Depending upon your circumstances, you may lose the support of the primary breadwinner, have to move to a different home, divide up your possession, and share custody of your children. Recognizing the shifts a divorce can have, the Florida legislature adopted the concept of alimony to make divorce as fair and equitable as possible. This type of alimony is usually sought after by the spouse in need and usually dreaded by the spouse who is the primary wage earner. It is usually paid monthly during the lifetime of the recipient or until the recipient re-marries.
Alimony is undergoing significant changes in Florida. The law is evolving as more women enter the workforce, obtain equal pay with men, and are capable of self-support.
A new statute became effective July 1st, 2010 that changed the way alimony is calculated and awarded in the state of Florida. The statute created a new type of alimony-
After the divorce is over and the former spouses have moved on with their lives, often the spouse receiving alimony develops a new love interest. Sometimes that leads to another marriage.
Unless the case involves a hotly contested child custody dispute, the issue most likely to cause acrimony is the issue of alimony. Alimony is spousal support paid after the divorce is final.
Florida divorce law requires that permanent periodic alimony (a fixed amount per month which lasts until one spouse dies or the receiving spouse remarries) is restricted to long term marriages.
Rehabilitative alimony is one of the forms of support available to a spouse in a Florida divorce. It is paid by the spouse who has the greater income and it is paid to the spouse who has a temporary need for it until that spouse can get back to full earning potential.
The concept of alimony was created many years ago at a time when the percentage of women who were either not working at all or were working in relatively low paying jobs was extremely high.
The most common form of alimony in a divorce is permanent periodic alimony.
In 2005, the Florida Legislature enacted certain revisions to Florida Statute Section 61.14, which governs modifications of support awards in divorce proceedings.
When a party believes that they have a need for financial assistance from the other party, alimony can be requested. As with child support, the Court can award temporary alimony until the final divorce hearing is held, at which time a permanent alimony amount may be
ordered.
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Spousal Support
When the Florida court decides on the issue of child custody and visitation, the gender of the parents is not considered. For example, a mother will not automatically receive custody of the children just because she is the mother. The judge must only consider what is in the best interests of the child. Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child. And, if the parties cannot agree on these important issues, the judge will make the decisions.
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