Alimony Attorney in St. Petersburg, Florida
ST. PETERSBURG, FLORIDA DIVORCE LAW FIRM, GARTH R. GOODMAN, P.A.
Spousal support, also known as alimony, is based on one's "need" for support and the other party's "ability" to so contribute. Florida Divorce law no longer provides for permanent alimony. The length of a marriage is divided into: long term (20 years plus), moderate term (10 years plus), or short term (below 10 years). The term of alimony is based on its length. In a long- term marriage, the spouse in need may receive alimony for a term of upwards to 75% of the length of marriage. Regardless of the length of marriage, the amount of alimony may be upwards to 35% of the net difference between the parties' net incomes.
If a spouse is voluntarily under- or unemployed, then a wage or earning capacity may be "imputed" to that spouse based on his/her recent work history, qualifications and credentials, and the local job market. To prove if the unemployment or under-employment is voluntary, you would need to show that under- or unemployed spouse is capable of being gainfully employed and is not using his/her best efforts to find employment comparable to his/her recent work history. This may require a vocational expert to provide an opinion of the spouse's earning capacity.
If a spouse is self-employed, his/her income consist of wages, dividends, personal expenses paid by the business, and passive income. As part of mandatory disclosure and discovery, the self-employed spouse may need to provide business 1120S returns, business bank and credit account statements, and information pertaining to "cost of goods sold" and other ordinary business expenses. This information may be relevant for determining the value of one's business or shares in a business as well as one's self-employment income.
If a spouse reaches normal retirement age, and he/she is no longer able to perform the services required in his/her vocation, then such a situation may result in a modification or termination of alimony. These are tough cases because the spouse in need cannot be left destitute and without any means of support. In these instances, the Court may consider other sources of income such as assets and retirement benefits.
Benefits of Seeking an Experienced Divorce Attorney
St. Petersburg, Florida law firm, Garth R. Goodman, P.A., will take a client-focused approach to your divorce, taking time to learn as much as possible about your financial picture, assessing your options, and developing your need for alimony or ability (or lack thereof) to contribute toward your spouse's support.
With over thirty years of Florida divorce litigation experience, St. Petersburg, Florida divorce attorney, Garth R. Goodman, Esq., will provide you with sound legal advice so that you can make informed decisions.