Florida Alimony Reform and Your Divorce Settlement
If you’ve been contemplating a divorce in Tampa Bay but you were waiting to see if the Governor would sign or veto Florida’s alimony reform measure (SB 1796), you can now move forward knowing that the statutes on Alimony in Florida, remains unchanged.
The Governor stated, “If (SB 1796) were to become law and be given retroactive effect as the Legislature intends, it would unconstitutionally impair vested rights under certain preexisting marital settlement agreements,” DeSantis wrote in his veto letter.”
It has been the third attempt at Florida alimony reform which sought to eliminate permanent alimony on former modifiable agreements and to write into law a 50\50 timeshare presumption. Regardless of what side of the debate you are on, the fact remains that there will be no change. Getting your divorce settlement right the first time is as important now as it was before. Our Tampa divorce attorneys understand this and we will fight diligently for an outcome that reflects your best interests.
Getting Your Alimony Settlement Right the First Time
Every divorce is unique as is every couple who is divorcing. Alimony can be awarded to men or women with several different types of alimony in Florida that may be considered depending on the duration and specifics of the marriage and marital finances. We have decades of experience representing clients in high net worth divorces as well as those of modest means. In both cases, the alimony award was of top concern along with child custody and timesharing.
Timeshare, Child Support, Alimony
Timesharing can have an effect on the amount of child support that will be ordered but it can also have an effect on your alimony award. In fact, there are several factors that can reduce or increase an alimony award. It is highly beneficial to consult with a Tampa Family Law Attorney who can provide you with sound legal counsel based on your unique circumstances. Negotiating marital settlement agreements can be a painstaking process, especially when it comes to finances and children. Contemplating a final divorce order that may effect your life and finances for decades to come can be emotionally draining. It’s so important to get it right the first time. Hiring the best Family Law Attorney in Tampa Bay for your needs is a crucial step in planning your new future.
Alimony Settlement Via Mediation
Mediation is required in almost all divorces in Tampa Bay. It is a wonderful tool that can be used to your benefit. Although it is not required for you to have an attorney present, it is highly beneficial to do so. You can settle all or some of the matters in your divorce via mediation but you may also go to court (litigate) the matters that could not be settled in mediation. Most divorces are settled out of court, however if mediation fails in full or in part, a judge will make the final decisions on the matters during a trial (litigation). The legal standard in determining alimony in Florida is the need and ability to pay. This means that the court must determine whether the spouse receiving alimony has the need for it and whether the spouse paying alimony has the ability to pay it. Once alimony is ordered, much like child custody and timesharing, a substantial and permanent change must have occurred in order to seek a modification. This is again, why it’s crucial to get your divorce settlement right the first time.
Under Florida divorce law §61.14, alimony payments may be modified by a Florida family law court if there is a substantial change in circumstances of either party. The modification can either increase, decrease, or terminate the alimony paid to an ex-spouse. In 1992 a Florida Supreme Court ruling found that retirement counts as a change in circumstances that can modify alimony. If you have questions about modifying an existing alimony order, please call our Tampa Family Law Office. A consultation can help to determine what course of action you may take with regards to modifying alimony or alimony awards in a divorce or high net worth divorce.
Telephone: (813) 879-4600
Leave us a secure message below.