4 Questions to Ask Your Lawyer About Alimony

1. What kind of alimony do I need?

Alimony doesn't come in one shape or size. You might qualify for bridge-the-gap, rehabs, durational or even permanent all in one case. Each one comes with its own set of rules, timelines and limits.

Get your lawyer to map it out using your actual length of marriage and income numbers. By the time you leave the meeting, you should have a clear idea of the longest it could last and what the monthly range could look like for you.

2. What counts as income when determining alimony?

Sure, you know your paycheque is going to be a factor, but did you know that bonuses, stock options, rental income, side-hustle cash and even regular cash gifts from the in-laws can all count too? On the other hand, if you're the one receiving support, any overtime you worked just because the marriage was falling apart might be excluded. A divorce lawyer can run through every possible income scenario so nothing blindsides you in court.

3. What if things change in the future?

Life just doesn't stand still; someone loses a job, gets sick, remarries or wins the lottery. In Florida alimony cases, some types can be changed and some can't. Like, durational alimony can only be changed if the circumstances are truly, really bad (think total disability not just a tough year).

If you're paying, you probably want to make sure this is as rock-solid as possible. If you're receiving, you might want to make sure there's some wiggle room just in case.

4. If we do a settlement deal, what will the judge order?

You need to know the absolute upper limit (if you're paying) or the absolute lower limit (if you're receiving) that a judge could impose after a nasty trial. Once you've heard that number, any reasonable settlement suddenly looks pretty good.

Armed with the worst-case outcome, you stop negotiating out of fear and start negotiating from a position of strength. And that single answer is often what gives people the confidence to walk away from bad offers or be generous and meet in the middle.

Know Your Alimony Stance, Know Your Power

When you leave the lawyer's office, you should be feeling a weight lift, not because alimony has gone away (it probably hasn't), but because the mystery has. You'll know the real duration, the actual monthly range, the modification risks, the tax reality and the absolute worst a judge could do.  Ask these questions, demand straight answers, and you'll turn one of the scariest parts of divorce into something you actually control.

The Application of the Different Categories of Alimony in Florida

Temporary support takes place when a spouse needs support during a protracted divorce process. The party requesting spousal support ought to demonstrate to the court that they need support and that the paying spouse has the means to make payments. Temporary support helps low-income earners to become financially stable before a lengthy divorce gets terminated by the court. Bridge-the-gap support is rare. It helps the receiving spouse to meet their intermediate needs as they transition from marriage to singlehood. A needy spouse could use the money to settle bills and living expenses as they seek a full-time job or as they wait for an asset to sell. The support period should not exceed a specified time. Bridge-the-gap support terminates if the beneficiary remarries or when the spouse making the payments dies.

Rehabilitative support is quite common in Florida. It gets awarded in instances where the beneficiary can become financially independent given time and assistance to acquire an education, work experience, training, and skills to enter the job market. A defined and specific plan is needed for rehabilitative support to be granted by the court. Durational alimony and rehabilitative support are similar except that a specific and defined plan is not required. Durational support is necessary when supported spouses need money for a given period following the divorce. Spouses who fall short of the requirements for permanent support can qualify for durational support. The period for durational support should not exceed the length of the marriage. Permanent support is rare. It is often reserved for spouses that need financial assistance but cannot become self-sufficient any time soon. Permanent support is appropriate for disabled and aged spouses. It is also suitable for parents taking care of special needs kids.

There is no standard formula to determine Florida alimony. The court ensures that the paying spouse earns a higher net income compared to the beneficiary except in special instances. Judges have the discretion to determine the duration, amount, and type of support appropriate for a spouse.