Roadmap to Alimony Rights in Florida

Getting alimony in Florida depends on many different factors. Those factors include the length of the marriage, the earnings of both spouses, what type of alimony you are seeking, and the reason you want alimony. The whole issue is also in-part wrapped up with child custody, and division of property.

Imputed income is a legal fiction that assigns income to one spouse or the other in situations where they do not earn a reasonable full time wage. It is a tool available to judges to bring fairness to an otherwise unfair situation. Imputed income is a complex issue but can bring powerful results when used properly.

Alimony and taxes must be considered in the same moment when figuring out what you pay or receive. Unlike child support, alimony can have a large effect on your final annual tax bill. The tax consequences of an alimony judgment can be left to default treatment or can be modified by the parties. In any case, taxes cannot ever be ignored.

Assets can be designated as income, income can be designated an asset, and sometimes an item of value can be both. What’s the significance? The difference in designation can dramatically shift the amount of alimony. It can also cause unfair outcomes. When dealing with pensions, businesses, and significant investments you must properly consider the assets vs income analysis to come out with a fair court order.

Garnishing benefits is something you may need to do, or may face when there is an obligation of alimony. There are many different rules addressing what type of benefits are subject to garnishment and what types of obligations may be collected by garnishment. The requirements and limitations are not necessarily automatic – you must know the law and be prepared to assert your rights.

Modification of alimony is one of the most frequently requested procedures in domestic relations court. Alimony is always modifiable and there are specific rules that govern where, when, how much, and whether is can be accomplished. But modification is not a simple procedure. There are many rules and arcane twists in the law that can be used by both sides to their advantage.

Cohabitation and alimony – there is no subject that raises greater passion on both sides of the situation. There is a statute in Florida called the supportive-relationship statute. But despite its plain language – the end effect of the law is anything but plain. Most courts in Florida have vastly different interpretations of the supportive-relationship statute.

Alimony reform represents the multi-year effort to drastically revamp the laws on alimony in the State of Florida. The potential changes may completely rewrite alimony rights and obligations within Florida divorce cases. The arguments are passionate and urgent on both side. If passed, alimony will never be the same again.

A timeline of the history of alimony reform efforts in the State of Florida.