Alimony Lawyers in Boca Raton Taking Care of You During Your Divorce

When one spouse is financially dependent on his or her spouse, Florida law provides for payment of alimony during and after the divorce proceedings.

You will meet with our team shortly after we start for a planning session. We will explain the process and requirements for receiving temporary alimony during the divorce process and the the various kinds of alimony, the purpose of each kind of alimony, and the duration and amounts of each after divorce.  Whether you are paying alimony or receiving alimony, we will be sure that you understand the process. Alimony is available to both men and women.  There is no gender bias under Florida law. Instead, the foundation for an alimony award is the need of the requesting spouse and the ability of the other spouse to pay.

How is Alimony Calculated?

The starting point for any alimony analysis is the demonstrated needs of the spouse requesting alimony and the ability to pay alimony of the other spouse. Once “need and ability to pay” is determined, alimony is calculated based on a number of factors including the incomes of the parties from work, passive income from investment and other sources, the reasonable needs of the spouse requesting alimony, how much the paying spouse can afford to pay, and a number of other alimony factors defined in Florida law.  In some cases a spouse may be voluntarily unemployed or voluntarily underemployed and in such cases, income can be imputed.  That means that an amount of income that could be earned will be assigned regardless of actual earnings.  Once the income for both spouses has been determined the maximum amount of alimony, which is set at thirty-five percent (35%) of the difference between the parties’ net incomes, can be set.  The actual alimony paid and received, however, will be limited by the lesser of the alimony cap, a spouse’s actual need, or the paying spouse’s actual ability to pay.   Alimony is often a hot topic during a divorce. At Yaffa Family Law Group, we look at all the issues that need to be addressed when assessing alimony so that you have a clear understanding as to your expectations whether as the person receiving alimony or the one paying support.

What Can Limit Alimony Payments?

The relative incomes of the parties, the presence of a valid prenuptial or postnuptial agreement and the lifestyle established during the marriage may all play a role in limiting alimony payments.  After July 2023, the maximum amount of alimony that can be awarded is limited to thirty-five percent (35%) of the difference between the parties’ net incomes and the duration of alimony payments is presumptively limited based on the length of your marriage.  When spouses divorce, the income that was supporting one household must now support two. For some of our clients, the ability of the paying spouse to pay will exceed the reasonable needs of the requesting spouse. Realistic expectations to get you to a settlement when able is part of what we strive to accomplish. The sooner you can get the divorce behind you and focus on the next chapter of your life, the better.

Yaffa says, “getting our clients through the process is key to their happiness and of our utmost priority, always.“

What Else Should I Know About Alimony?

All of the issues in a divorce are related.  An award of alimony will impact the calculation of child support.  An award of alimony does not prevent an award of attorneys’ fees and is impacted by the equitable distribution of assets and liabilities.  If you receive an income-producing asset as a part of equitable distribution, the income you receive will cover a portion of your need and may reduce your need for alimony and the income that may be lost may lessen your ability to pay.  Equitable distribution of assets and liabilities is always completed before alimony is calculated for this reason.

Should I Contact an Alimony Attorney?

Yaffa Family Law Group provides concierge service to our clients to help them navigate and understand the often complex issues and circumstances that accompany a divorce. We provide you with the information and support needed to lessen the anxiety and uncertainty that accompanies divorce.  You will have peace of mind knowing that Yaffa Family Law Group stands behind you.  Contact Yafa Family Law Group today for help with your alimony issues and concerns.

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