Alimony & Spousal Support
Alimony & Spousal Support in Tampa
Alimony (also referred to as “spousal support”) is an allowance paid to a person by that person’s spouse or former spouse for maintenance. Alimony may be ordered if one spouse has the need for it and if the other spouse has the ability to pay it. When it comes to alimony, the length of the marriage matters. For marriages lasting under seven years, there is a presumption against alimony. For marriages lasting from seven to seventeen years, there is no presumption for or against alimony. And for marriages over seventeen years, there is a presumption in favor of an award of alimony. The facts of your case will determine whether an alimony award is appropriate. The six different types of alimony recognized by the State of Florida are: temporary, bridge the gap, lump sum, rehabilitative, durational, and permanent periodic.
Alimony & Spousal Support Solutions
The attorneys of Open Palm Law are skilled in negotiating and making arguments for and against alimony. As the case law evolves in this area, so does our understanding of the important issues associated with alimony. While alimony can be a heated topic in many divorces, we strive to effectively guide our clients toward fair alimony agreements. When this is not possible, we persuasively argue for our client’s best interests in regards to alimony.
FAQs for Alimony & Spousal Support
Will I have to pay alimony?
If you have been married less than seven years, then there is a presumption that you should not be required to pay alimony, meaning that your spouse will have a heavy burden to meet to receive an alimony award. If you have been married seven to seventeen years, there is no presumption for or against alimony, so you may be ordered to pay it, depending on the facts of your case. If you have been married over seventeen years, there is a presumption that alimony should be awarded, so you will have to convince the court that it is not appropriate. Alimony may be ordered if one spouse has the need for it and if the other spouse has the ability to pay it. The six different types of alimony recognized by the State of Florida are: temporary, bridge the gap, lump sum, rehabilitative, durational, and permanent periodic.
Will I be able to get alimony?
If you have been married less than seven years, then there is a presumption that you are not entitled to receive alimony, meaning that you will have a heavy burden to meet to receive an alimony award. If you have been married seven to seventeen years, there is no presumption for or against alimony, so you may receive it, depending on the facts of your case. If you have been married over seventeen years, there is a presumption that alimony should be awarded, so it will be easier for you to convince the court that it is appropriate. Alimony may be ordered if one spouse has the need for it and if the other spouse has the ability to pay it. The six different types of alimony recognized by the State of Florida are: temporary, bridge the gap, lump sum, rehabilitative, durational, and permanent periodic.
I want to retire; will I still have to pay alimony?
If you agreed in the divorce case that alimony would be non-modifiable, then your retirement will not impact your alimony payment. If you did not agree, then your retirement would enable you to seek a modification of alimony based on a reduction of income. But if your income is higher now even without your working because of pension income, social security income, and 401k payments, then a modification may not be warranted.
My ex wants to retire; will I still get my alimony?
If you agreed in the divorce case that alimony would be non-modifiable, then your ex’s retirement will not impact your alimony payments. If you did not agree, then your ex’s retirement would enable him/her to seek a modification of alimony based on a reduction of income. But if his/her income is higher now even without him/her working because of pension income, social security income, and 401k payments, then a modification may not be warranted.
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CLIENT TESTIMONIALS
“Joryn was simply amazing. Her supporting, consistent, honest, and most importantly – productive – approach was exactly what I needed to get through the process. A court trial was imminent if we did not have a successful mediation (the third one!), and no other attorney was able to focus the entire team like Joryn.”Danielle, January 2016
ABOUT JORYN
JORYN JENKINS | FOUNDING PARTNER,
TRIAL ATTORNEY, COLLABORATIVE ATTORNEY
Open Palm in Tampa, Florida is proud to present our firm’s founder, Joryn Jenkins. Please take a moment to read about her qualifications to assist you. We also invite you to view her resume.
In the beginning, Ms. Jenkins worked for one of the ten largest law firms in the country in its Washington, D.C. office. After nearly three years practicing in all aspects of regulatory law, she took a break from big firm life to work exclusively for one of her own clients on a class action involving more than fifty sex discrimination claims in California. When she returned to the East Coast, she accepted an offer from the state attorney in Tampa, E.J. Salcines (now an appellate judge). CONTINUE READING…
