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Divorce can be an emotionally and financially challenging process for both parties involved. One of the most contentious aspects of a divorce is often the issue of spousal support, also known as alimony. Spousal support is a court-ordered payment made from one spouse to another during or after a divorce. In this post, we will discuss the factors a court will consider during a Florida divorce to determine spousal support, how support is calculated, what happens if you are unable to pay, and options available if your ex refuses to pay. If you are going through a divorce in the Orlando area, Schlegel Law Group can assist you in navigating these complex matters.
In Florida, the court considers several factors when determining whether to award spousal support and, if so, how much. Some of the factors considered include but are not limited to:
- The duration of the marriage
- The age, physical and emotional health, and financial resources of each party
- Each party's earning capacity, educational levels, and employability
- The standard of living established during the marriage
- Contributions made by each party to the marriage, including homemaking, child care, education, and career building
- The tax treatment and consequences to both parties of any alimony award
- All sources of income available to either party
There is no definitive formula used to calculate spousal support in Florida. Instead, the court will look at the factors mentioned above and determine a proper amount of support on a case-by-case basis. It is essential to have an experienced attorney to advocate on your behalf to ensure the court accurately considers your situation and that the awarded support is fair and equitable.
If you experience a significant change in your financial circumstances, it may become difficult or impossible to continue paying spousal support. In such cases, it is crucial to petition the court for a modification of the spousal support order. A judge may consider factors such as a job loss, a reduction in income, or a change in the receiving spouse's financial situation. Providing the court with proper documentation and evidence is crucial for a successful modification.
If your ex-spouse is not paying the court-ordered spousal support, you have several options. You can file a motion for contempt against your ex, seek a wage garnishment order, or place a lien on their property. In some instances, an uncooperative spouse may face penalties such as fines or even jail time for failing to comply with the court order. Consulting with a knowledgeable attorney can help in determining the best course of action to enforce support payments.
At Schlegel Law Group, our experienced team of attorneys can provide you with personalized legal advice and assistance in all aspects of your divorce, including spousal support. Our team will closely examine your case to ensure that all factors are considered when determining spousal support and will vigorously advocate for your rights. Whether you need help modifying an existing support order or ensuring that the court order is enforced, we are committed to providing our clients with high-quality legal representation.
Spousal support is an essential aspect of many Florida divorce cases, and understanding the factors that courts consider and the process involved is crucial. Whether you are the person paying or receiving support, it's essential to have experienced legal counsel on your side to protect your rights and ensure the most favorable outcome. If you are going through a divorce in the Orlando area, Schlegel Law Group can assist you in navigating the complexities of spousal support and other divorce-related matters. Reach out to our legal team for a consultation to discuss your situation and explore the best options available to you.
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Orlando
390 N. Orange Ave. Ste 2300
Orlando, FL 32801
Miami
1100 Brickell Bay Drive. Box 310181
Miami, FL 33131
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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