Alimony in Miami-Dade

How Does Alimony Work in Miami-Dade County?

Alimony in Miami-Dade is financial support provided to an ex-spouse to help maintain their standard of living maintained during the marriage. Florida law outlines many different types of alimony that may vary in amount, form, and duration. For anyone seeking alimony in Miami-Dade or attempting to prevent paying alimony, a family law attorney from our firm De Socarraz & Jimenez can help you!

The courts will determine the amount and duration of alimony in Miami-Dade on a case-by-case basis. Although no one wants to pay out for additional legal services, it can save a significant amount of money in the long term of a divorce case. A skilled family law attorney from our firm can make the difference on if and how much alimony the courts may award.

Judges may consider many factors as they consider whether or not awarding alimony appears appropriate. The courts will determine the amount paid and the duration of the payments based on a unique, individual divorce case. Nonetheless, according to Florida law, alimony may not leave the ‘payer’ with significantly less income than the net income of the ‘payee.’

Alimony in Miami-Dade often remains contentious, and it a litigious aspect of many divorce cases in South Florida. The outcomes due to alimony issues typically impart long-lasting impacts on each party’s finances.

Need assistance with a divorce case or an alimony claim? Reaching out to a family law firm like De Socarraz & Jimenez to schedule a consultation should represent your first step. Our lawyers can provide advice specific to your case.

Types of Alimony in Miami-Dade

Florida divorce law recognizes five different types of alimony that the courts may award. The type of alimony the court awards determines how long the payments last. Judges may award any combination of the following types of alimony with periodic payments or in one large lump sum:

Bridge the Gap Alimony

Bridge the gap alimony analyzes what each spouse would require to transition to single life properly. This type of alimony in Miami-Dade considers bills and foreseeable expenses of starting a life without a spouse, providing a transitional solution.

Durational Alimony

The courts may award durational alimony in short-term or moderate-term marriages. This type of alimony provides payments for a predetermined amount of time that cannot exceed the overall length of the marriage.

Permanent Alimony

Florida courts will typically only grant permanent alimony for moderate or long-term marriages. These payments will continue until either death or remarriage by the ‘payee’ spouse.

Rehabilitative Alimony

Rehabilitative alimony aims to provide ex-spouses with a similar solution as bridge the gap alimony. Judges will consider the time a spouse may need to further their education or obtain employment.

Temporary Alimony

Judges award temporary alimony during divorce proceedings, ending when a final judgment is entered.

Do You Need to Pay Alimony in Miami-Dade?

The courts don’t utilize any specific, mathematical formula to approve or deny alimony payments or establish the payment amounts. Instead, a judge will apply a two-part test based on the unique details of each case.

The first part of the test determines whether or not the party requesting alimony needs additional financial support. If the party can prove their financial need to the court, the next step is determining if the other party can pay the alimony in Miami-Dade.

Both the need and ability for payment must be demonstrated with evidence. Satisfying one portion of the test remains insufficient to receive alimony. When the court awards the alimony payments, the payments must be enough to support the ‘payee’s’ standard of living.

Typically, the most important factors in an alimony case are the marriage length, in addition to the income-earning capacity of each spouse. The standard of living experienced during the marriage, in addition to the health and economic positions of each spouse, also represent factors as well.