Most men cringe at the mention of alimony and in Florida when you are going through a divorce, alimony is a reality. Florida divorce law changed this summer to clarify the statute on what is termed "spousal support." This change was meant to make things clearer and more predictable for those going through a divorce. What changed primarily is the length of the marriage is now clearly defined in Florida.
When evaluating support, the courts look at a marriage in 3 ways, short term (less than 7 years), moderate term (7-17 years) and long term (over 17 years). Based upon the evaluation of time, you can estimate your exposure to paying alimony. In a long term marriage, the husband will most likely pay permanent alimony, if he is the major breadwinner. In long term marriages, if the parties earn equal amounts, there will be no permanent alimony. In addition to the time evaluation, the next step is need versus ability to pay. So, this is looked at by the divorce lawyer as well to advance the position of the client. Although in today's market, women are ever present and competitive in the job market. Traditionally, we continue to see the husband making more income. This can be due to several factors of the marriage, the most common being the stay at home mom. Many women, if they have the option, put their careers on hold to be the primary caregiver of the children and homemaker. In these situations, women are at a disadvantage when they want to return to the workforce and Florida alimony accounts for that with what is called "bridge the gap" or "rehabilitative" alimony. Most husbands can understand that concept and agree that alimony for a period of time is reasonable. The problem comes up when husbands and wives are subjected to paying permanent alimony, meaning for the rest of the ex-spouse's life. This concept does not promote self reliance and the ability to support yourself. Particularly when the parties are reaching retirement and they faced with the prospect of continuing to pay alimony based upon social security income.
After divorce, both parties will have to sustain a home on a single income and the financial strain of paying alimony, after losing 1/2 of your assets and 1/2 of your retirement, sets out dreary prospective retirement. In Florida the group Florida Alimony Reform, http://www.floridaalimonyreform.com/ , is working to change the law and make alimony more about rehabilitation for the spouse and less punitive against the husband. There are always areas of the law that remain open to interpretation, so if you are facing divorce, you need a florida divorce lawyer to analyze your exposure to paying alimony and how that will be factored into child support as well as a fair distribution of the marital assets. For more information and a free consult visit: www.jacksonvillebeachlawyer.com
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