FAQs About Alimony in Florida
There are many different terms involved in the divorce process. Of them all, alimony is one of the most contentious, and confusing. If you feel as though you deserve spousal support, or you believe your spouse will make unfair requests for it, you likely have many questions. Below, one of our alimony attorneys in Tampa answers some of the questions we hear most frequently.
How is Alimony Decided in Florida?
Unlike child support, there is no formula for alimony. Instead, the courts will consider the lesser-earning spouse’s need for support and the higher-earning spouse’s ability to pay support. The court will also make decisions regarding the amount of alimony, the duration of alimony, and the type of alimony awarded. The court will take many factors into consideration when making these decisions, including the recipient’s ability to work and the standard of living established during the marriage.
How Long is Alimony Paid?
The length of time alimony is paid usually correlates to the length of the marriage. In Florida, alimony is not usually awarded after a short marriage, which is generally defined as seven years or less. There is a stronger argument for alimony after a moderate-term marriage or a long-term marriage, which are defined as between 7 and 17 years or longer than 17 years, respectively. The longer a marriage, the longer alimony payments are likely to last. However, permanent alimony is no longer an option in Florida.
How to Avoid Paying Alimony?
The best way to avoid paying alimony is by agreeing with your spouse to waive rights to it. This can be done in a premarital agreement before you get married, or a postnuptial agreement after you have already married. In these agreements, you can both state that you will not request alimony in the event of divorce.
Are Alimony Payments Taxable?
For couples who finalized their divorce after January 1, 2019, alimony payments are no longer taxable. This means recipients are not required to report it as income on their tax returns, and spouses who pay alimony cannot deduct it from their tax return.
What Happens if a Spouse Does Not Pay Court-Ordered Alimony?
It is not uncommon for spouses to refuse to pay court-ordered alimony. In these cases, there are ways for a recipient to enforce the order. By petitioning the court, the non-paying spouse can face many consequences, including:
- Wage garnishment
- Being held in contempt of court, which can result in high fines and even jail time
- Certain property being seized, such as rental income, bank balances, and real estate
- Seizure of income tax refunds
Our Alimony Attorneys in Tampa Can Answer Your Questions
If you are getting a divorce and have concerns about alimony, you need legal advice. At All Family Law Group, P.A., our Tampa alimony attorneys can answer your questions so you can make informed decisions and obtain the best outcome possible. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
