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Alimony
Alimony can be a complex and crucial part of a divorce, and Marina R. Taylor is committed to ensuring fair outcomes for her clients in Riverview, Brandon, and Tampa, Florida. Whether you are seeking spousal support or defending against an unfair claim, she provides expert legal guidance to protect your financial future. Marina works to negotiate fair agreements based on factors like the length of the marriage, financial need, and earning capacity. While she strives for amicable resolutions, she is fully prepared to advocate for your rights in court if necessary, helping you move forward with confidence and financial stability.
Alimony
In Florida, alimony is a payment made by one divorcing spouse to the other. That payment is regulated by law and is based on individual spousal income, the length of the marriage, whether or not there are minor children, and the age and health of each spouse. Alimony awards can be temporary or for a given period of time. As an experienced divorce lawyer, Marina R. Taylor helps her clients in Brandon, Riverview, and Hillsborough County reach the best possible financial settlement that fits their individual needs.
In your initial Free Consultation, Marina will explain all the financial factors affecting you during and after your divorce, whether a simple no-fault divorce or a more complex procedure. She will keep you well-informed throughout the divorce process.
“There is no easy answer for a divorce cases involving alimony. Your case will depend on many factors and your particular circumstances. The most important factor in any divorce case is the need of one spouse to be supported and the ability of the other to pay support.”—Marina R. Taylor
Florida has changed the rules for granting alimony
After a decade of trying, the Florida Legislature and Governor Ron DeSantis eliminated permanent alimony for divorced and divorcing couples through a new law that became effective July 1, 2023, giving courts broad discretion to decide a spouse’s entitlement to alimony as well as the type, amount, and duration of that alimony.
The new rules do not automatically affect alimony agreements reached in divorce decrees before that date, but its provisions can be considered when older divorces are modified at the request of one of the spouses.
The new law adds the option of lump-sum payments. It requires the spouse seeking support to prove they need it while allowing former spouses who make alimony payments to seek modifications when their financial conditions change. People married for less than three years are no longer eligible for alimony payments, but people in longer marriages can receive alimony payments for up to 75 percent of the length of the marriage.
Another change is a five-year limit on “rehabilitative alimony,” meant to support a spouse while retraining or reentering the labor market.
The new law will also allow alimony payers to seek modifications if “a supportive relationship exists or has existed” for an ex-spouse. Such relationships could range from simply having a roommate to cohabitation or re-marriage.
Also, alimony payers can seek changes to their existing decrees if a former spouse enters into “a supportive relationship” with others. In addition, the new law allows judges to reduce or terminate existing alimony, support, or maintenance payments based on several factors
- The age and health” of the person who makes payments;
- The customary retirement age of that person’s occupation;
- The economic impact”that a reduction in alimony would have on the person receiving the alimony payments and;
- and the “motivation for retirement and likelihood of returning to work” of the person making the alimony payments.
Types of alimony
Permanent
Permanent alimony awards are no longer allowed but may exist as the result of divorces granted before the 2023 law going into effect. However, permanent alimony is always modifiable with a showing of a substantial change in circumstances.
Rehabilitative
Provides assistance to a spouse while developing the ability for self-support.
Bridge-the-Gap
This type of alimony is non-modifiable and is awarded for no more than two years to assist the spouse’s transition from married to single life and has identifiable short-term needs.
Lump-Sum
Is paid either at one time or in installments when an award of permanent alimony is justified and the court finds exceptional circumstances, such as if the paying spouse is in poor health.
Durational
Provides modifiable economic assistance for a set period of time, usually following a marriage of short or moderate duration.
Nominal
This is a modifiable award given when the court finds clear entitlement to alimony, but because of insufficient spousal resources, the court cannot award an amount that meets the receiving spouse’s needs.
So, who is entitled to alimony?
The thinking behind alimony payments is that while married, spouses enjoy a certain standard of living, and following a divorce, both spouses should continue to enjoy that same standard of living. Therefore, if one spouse cannot afford to maintain that established standard of living, the other spouse should provide a supplemental income to recreate their ex-spouse’s previously experienced standard of living.
However, in most divorce cases, the standard of living two people enjoy in a single household can significantly diminish when the existing income is divided into two households. As a result, a Florida divorce court must first determine the need and ability to pay based on such factors as:
- The standard of living in the marriage;
- The length of the marriage;
- The age and the physical and emotional condition of each spouse;
- Each spouse’s financial resources, assets, and liabilities;
- Each spouse’s earning capability, education, skills, and employability;
- The contribution of each spouse to the marriage, including homemaking services, child care, education, and career building;
- Each spouse’s responsibility regarding their minor children;
- The tax impact of an alimony award on both spouses; and
- All sources of income available to either spouse.
With over 30 years of experience serving clients in Brandon, Riverview, and Hillsborough County, Marina R. Taylor is dedicated to finding the quickest, most beneficial alimony solution for you. During your Free Consultation, Marina will explain how the court will review your financial circumstances and employability and how that might affect an alimony award. She will explore how the new law might impact your case if you were previously divorced, awarded alimony, and now face an alimony modification hearing.
Artful Negotiation
When resolving even the most contentious Family Law disputes, “Artful Negotiation” is Marina Taylor’s byword — reducing confrontation, developing an atmosphere conducive to logical arguments, revealing mutual benefits, and producing successful settlements.
Her goal is to always:
- Protect client interests
- Aggressively pursue client goals
- Explain and recommend the best legal options
- Execute an effective plan of action to obtain successful results, and
- Leverage her strong courtroom skills to get fair out-of-court settlements and court rulings.
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Artful Negotiation Is the Key to a Successful Divorce
My goal as a Family Law Attorney is to provide my clients with financial certainty by using a set and predictable fee structure that is based on anticipated work required for completing specific legal tasks, not the open-ended and unpredictable hourly fees charged by most divorce attorneys…
—Marina R. Taylor
Answers to Your Most Common Questions
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