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Alimony Attorneys in Miami

Experienced Miami Spousal Support Lawyers

When you and your spouse get divorced, you may be concerned about being able to support yourself after it has been finalized. Whether you were the one being supported by your spouse or you were the sole wage earner, discuss your situation with a Miami family law attorney from Mitchell & West LLC. Family courts may consider a variety of different factors to determine if alimony will be granted and how much should be granted.

The court may consider the following factors when determining the need for alimony:

  • Each party's ability to support themselves
  • Each party's ability to pay the support
  • The length of the marriage
  • The standard of living in the marriage

There are a number of different types of alimony which may be awarded:

  • Lump sum alimony: a certain amount which is paid one time and cannot be modified
  • Rehabilitative alimony: a plan where alimony is awarded for a certain period of time
  • Durational alimony: alimony which is awarded in long-term marriages for a certain amount of time
  • Bridging the gap alimony: alimony where one spouse requires assistance to get back on their feet

Can Alimony be Modified in Florida?

Alimony can be increased or decreased, depending on the circumstances. Additionally, it is also possible for alimony to be either temporarily or permanently modified. For example, if the supporting party was laid off and needs time to find a new job, he or she could request alimony payments to be temporarily reduced.

However, if a supporting party voluntarily quits his or her job, it is unlikely a judge would reduce alimony payments. A substantial change in circumstances must be involuntary or unplanned.

Below are some examples:

  • Substantial raise in income
  • Inability to return to work due to injury or disability
  • Severe changes in health
  • Sizeable lottery winnings or gifts
  • Retirement
  • Involuntary job termination
  • Changes in medical insurance policy
  • One party passes away
  • The supported spouse remarries or lives with a new romantic partner

Below are some circumstances in which a modification will NOT be granted:

  • The change in circumstances is not substantial (for example, your rent increased by $50)
  • Alimony was not awarded in the first place
  • The change in circumstances was planned

If you and your former spouse are on amicable terms, you can discuss modifying your alimony payments without having to go through a lengthy process in court. However, even if you are able to reach an agreement, it is crucial to have the approved by a judge. Otherwise, if your spouse has a change of heart, you could still be on the hook for the remaining alimony you did not pay. Protect yourself and hire an experienced attorney.

Request a Case Consultation with a Divorce Attorney

Do you have any questions about your divorce case and whether you will get alimony payments or be expected to pay? At Mitchell & West, we can provide you with the answers you are looking for, and help you understand what to expect. Our team of Miami alimony attorneys and legal staff are dedicated to providing you with the highest quality representation possible. We look forward to hearing from you and having the opportunity to represent your divorce case.

Call our office at (305) 783-3301 to make an appointment.

About Mitchell & West

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