Orlando alimony issues

Article Written By: cumurciuca

If you are thinking to divorce in Orlando there are some legal issues that you should be informed about. Knowing your rights is the first step to take in order to achieve the best possible outcome from a divorce. One of the divorce aspects that people are usually uninformed about is alimony. It is also the more unpredictable area of Florida family law.

Alimony is a term denoting the legal obligation to provide financial support to your ex-spouse after the divorce. According to Florida law there are two basic types of alimony: permanent periodic alimony, that continues until death or remarriage and rehabilitative alimony, offered for a limited period of time for one spouse in order to go back to school or to make other life arrangements.

Unlike child support there is no guarantee of alimony and the law does not establish a certain amount of payment. In calculating a possible alimony the judge will consider a series of facts, including:

• Length of marriage: if you were married for a longer period of time you are more likely to receive alimony. The probability increases considerable after ten years of marriage.

• Employment prospects: your earning capacity can determine whether you are entitled to alimony or not. If one spouse is dealing with physical incapacity or was a stay at home parent his earning capacity will be zero.

• Marital contribution: homemaking services are as valuable as income production.

• Marital standard of life: the marital standard of life should be maintained for both spouses, alimony should equalize the financial capacity

• Age of spouse: if one of the spouses has a long money-earning career ahead, he is not likely to receive alimony. However he or she can receive a temporary alimony for educational fund

• Available income: if a spouse earns twice the income of the other alimony is possible

• Available assets: marital assets will be divided equitably. If the money obtained is sufficient to maintain the marital standard of life alimony is not probable.

• Fairness of situation: it allows the judge to consider all facts

It is also important to know that once alimony offered the court has the right to modify it in the future if the situation changes.

Receiving alimony is not an easy task, especially because the law offers the judge the possibility to decide according to his concept of fairness. However an experienced Orlando divorce attorney can gather the proper information to sustain your case.

You could also be dealing with specific problems, like your spouse hiding his real income, in order to reduce your chances of alimony, in which case legal help is more than welcome. Do not give up on your legal rights; seek the help of a specialist.

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For more information about your rights in case of a divorce please contact an Orlando divorce attorney.

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