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Will I Receive Alimony in My Uncontested Florida Divorce?
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. Alimony is defined as the payment from one former spouse to another. Alimony is also commonly referred to as maintenance or spousal support.
The purpose of alimony is to essentially level the playing field following a divorce. Often, one partner in a marriage sacrifices educational or professional opportunities for the sake of the marriage, family, or household. For instance, a husband may elect to stay home with the children so his wife can pursue an advanced degree and higher paying job. If the couple divorces, he may have fewer professional or economic opportunities than his wife due to the sacrifice. In such cases, a court may require the wife pay alimony to the former husband until he can adequately support himself.
Types of Alimony
The types of alimony available in Florida are set out under Florida Statute 61.08. Under this provision, the court may award one of the following four types of alimony:
Permanent Alimony and the Uncontested Divorce
In an uncontested divorce, you and your spouse are in control of determining whether either of you will be awarded alimony. It is important that you have a thorough understanding as to the types of alimony and whether you may be entitled to an award of spousal support according to the Florida statutes.
With an understanding as to your legal rights concerning alimony, you, your attorney, and your spouse can work to reach a fair agreement as to the award of alimony.
Alimony in Florida can be requested when one spouse needs financial assistance. In order to qualify for alimony, the requesting spouse must prove need and that the paying spouse is financially able to make the payments. Alimony is typically a set amount which is paid monthly for a set period of time or until certain circumstances occur, such as remarriage. Alimony is not as common as one may think. The Florida divorce court can award temporary alimony until the final divorce hearing is held. Then, at the final divorce hearing, the court can order permanent alimony if it is requested and necessary.
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