Is alimony mandatory in Florida?
Yes, a spouse may be required to pay alimony in Florida without filing for divorce. Spouses have a legal duty to provide financial support to each other. Moreover, there is no requirement that the party to pay alimony to be at fault for the separation.
Where to get help with an alimony claim in Florida?
If you need assistance with a divorce or claim for alimony, contact a divorce law firm to schedule a consultation. A divorce attorney in Tampa should be able to provide advice specific to your case during a consultation. Under Florida divorce law, five types of alimony may be awarded.
Do you have to prove adultery to get alimony in Florida?
Under Florida divorce law, you don’t need to prove adultery or other reasons for a divorce. See Florida divorce law 61.052. All Florida law requires is there be irreconcilable differences to obtain a divorce. Therefore, adultery will usually not be relevant to a judge’s determination for alimony.
What happens to your alimony if you remarry in Florida?
Impact of Remarriage on Alimony in Florida. In Florida, periodic alimony automatically ends when the supported spouse remarries. The paying spouse may stop making support payments immediately upon the date of the marriage, without having to return to court for an additional court order.
What to do if your ex spouse won’t end alimony?
If your ex-spouse will not agree to end alimony, you’ll need to file a written request asking the court to terminate or modify alimony. At your hearing, you should be prepared to show evidence of the change in either you or your ex-spouse’s financial circumstances.
How does alimony work in a divorce in Florida?
As with child support, the Court can award temporary alimony until the final divorce hearing is held, at which time a final alimony amount may be ordered. An alimony determination will factor in the length of the marriage.
Under Florida divorce law, you don’t need to prove adultery or other reasons for a divorce. See Florida divorce law 61.052. All Florida law requires is there be irreconcilable differences to obtain a divorce. Therefore, adultery will usually not be relevant to a judge’s determination for alimony.
Can a postnuptial agreement be used for alimony in Florida?
A postnuptial agreement is a contract signed after marriage that spells out issues like alimony that would be triggered by a future divorce. Florida Judges love contracts. If you and your spouse sign a prenuptial agreement that passes legal muster then your alimony issue can be decided in advance. In a way that fits your alimony goals.
What happens to temporary alimony after a divorce?
It allows a spouse to adjust to the new life after the separation while the divorce process takes place. When the divorce ruling is final, temporary alimony stops. If the obligated spouse fails to pay the temporary alimony, the divorce courts can order the delayed payments to be paid out. It may also waive them.