How to Prove That You Need Alimony
Divorces rarely end well for a lot of people. Many end up struggling financially. Therefore, if you are going through a divorce, you want to ensure you come out ahead, if you can. Alimony can help in this regard.
Alimony is a monthly payment you receive from your ex-spouse to help with living expenses. However, not everyone qualifies for it. It is usually awarded to spouses with limited income and/or education who need money for living expenses for a temporary period of time. However, Florida does offer permanent alimony in certain cases.
What the Law Says
Under Florida Statutes Section 61.08, either party is eligible to receive alimony. Florida offers four different types of alimony: bridge-the-gap, durational, rehabilitative or permanent. A person can pay alimony on a monthly basis or as a lump sum.
Alimony is based on several factors, such as standard of living during the marriage, how long the marriage lasted, the age and health of each spouse, sources of income and other financial resources, education levels, skills and earning capacities. Alimony is often determined by the length of a marriage. A short-term marriage is one lasting less than seven years, a moderate-term marriage is one lasting from 7-17 years and long-term marriage is one lasting longer than 17 years.
Proving Payments Are Necessary
If you are seeking alimony, you will need sufficient proof. This means showing proof of finances, such as pay stubs, bank statements, assets and debts. There should also be proof of all your living expenses, such as mortgages, utilities, medical bills and groceries.
The judge will also look at your earning capacity. If you were a stay-at-home parent or haven’t worked in a long time, then you may need significant training or education to get back into the workforce. You will need to explain why you are not self-sufficient and what hurdles you face.
Your health and age will also be taken into consideration. If you have a disability or chronic medical condition that limits your ability to work, then you will likely receive alimony. If you are close to retirement, that may be factored in as well.
Of course, your ex-spouse will need to have the money to make alimony payments. Just because you think you need $1,000 a month doesn’t mean your ex-spouse has that much money to give you, especially if he or she is working a minimum wage job. The amount of money you will receive will be in line with your ex’s income, so if he or she is not a millionaire, then don’t expect that you’ll receive a windfall.
Seek Help for Your Divorce Case
If you are considering a divorce, you want to make sure you receive everything you are entitled to receive under the law. You will need the extra money when you divorce, so if you are eligible for alimony, make sure you get it.
The Dade City & Zephyrhills family law attorneys at Madonna Law Group can help you with alimony and other family law matters. To schedule a consultation, call (800) 557-0411 or fill out the online form.