FAQs About Alimony in Florida
Alimony plays a large role in many Florida divorces, but it is a highly misunderstood issue. Some people assume they are eligible to receive alimony when that is not the case, while others become fearful about how much they may have to pay. Below, our Orlando family lawyer outlines the most frequently asked questions about alimony, and the answers to them.
Will I Have to Pay Alimony if I was Unfaithful?
It is very common for people to assume that if they were unfaithful to their spouse and that led to the breakdown of the marriage, they will have to pay alimony. Spousal support is not used to punish spouses, though. Florida is a no-fault divorce state and so, wrongdoing does not automatically mean the wronged spouse will receive alimony..
Does the Length of the Marriage Determine Alimony?
A long marriage does not necessarily mean one spouse will be awarded alimony, just as a shorter marriage does not immediately disqualify a person from pursuing alimony. Shorter marriages that last fewer than seven years are not eligible for permanent or long durational alimony.. Moderate term marriages, those last more than 7 years, and long term marriages, those lasting more than 17 years, are often eligible for longer term alimony.
Can I Modify Alimony?
Alimony is always modifiable if there has been a substantial change of circumstances, or the parties agree otherwise. Reasons to seek modification of alimony include death, remarriage, or a significant change of income. Either party can petition the Court to modify the alimony, but they must show a significant change of circumstances has made the current order impractical. Through a modification, you can increase or decrease the amount of alimony, or terminate the order altogether.
How Can I Collect Alimony Owed to Me?
It is not uncommon for some people to refuse to pay alimony, even after being ordered by a Court to do so. This may seem like a hopeless situation, but you do have options. You can petition the Court to enforce the current alimony order. If you are successful, a Judge may then issue an Order, such as a garnishment, so you can recover the alimony. A wage garnishment will deduct some of your former spouse’s wages from their paycheck and direct them to you instead, forcing them to pay what is owed.
Can a Family Lawyer in Orlando Help with Alimony Issues?
An Orlando family lawyer can help with all aspects of your divorce case, including alimony issues. At O’Mara Law Group, we have helped many clients successfully pursue alimony, and we have also fought against unfair requests for it. Regardless of your situation, our skilled attorneys have the necessary experience to help you obtain a favorable outcome. Call us today at 407-634-6604 or fill out our online form to schedule a consultation.