Tag Archives: Florida divorce Lawyer

How Long do I have to Pay Alimony?

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There’s no easy answer as to how long an individual may be ordered to pay alimony, but it will depend on the length of the marriage. It’s slightly possible for a spouse to be awarded alimony by the court for a marriage lasting a minimum of seven years. The likelihood increases with the duration of the marriage. If alimony is deemed appropriate, Florida allows for five types:

  • Temporary – Is awarded during the pending divorce and ends when the final divorce decree is delivered.
  • Rehabilitative – This is awarded to enable a spouse to resume a career or profession so they can support themselves, or obtain training or education for that goal.
  • Bridge the Gap – It begins after the divorce is finalized and lasts no more than two years to enable the spouse to get on their feet and meet their own needs.
  • Durational – This provides support for a longer period of time, is dependent upon the length of the marriage, and can be in effect for up to 10 years depending on the court’s judgment.
  • Permanent – An order for permanent alimony lasts until the court orders an end to it, one of the spouses dies, or the alimony recipient remarries.

Alimony in Florida is unpredictable. There are no set amounts and takes into account the incomes of both spouses. The amount can be modified in some instances should the spouse making the payments have significant changes to their financial situation. The ultimate decision on alimony is up to the judge, who is required to consider a variety of factors.

The court is responsible for determining if there’s a need for alimony and if the other spouse is able to pay it. Alimony won’t be mandated if either of those conditions isn’t present. The judge will consider elements encompassing the financial resources and earning capacity of the recipient, length of marriage, standard of living, and child support obligations.

Law Offices of Theodore H. Enfield, P.A.

Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you.  To learn more about how we can help you or to discuss the facts of your case with our attorneys, call 954-983-1443 to schedule your free consultation.

3107 Stirling Road
Suite 105
Fort Lauderdale, FL 33312

Fax: 954-983-1536

Email: [email protected]

Florida Divorce: How Property is Divided

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Divorce is seldom an amicable process and the second most contentious issue is the division of property. In Florida, the courts recognize two types of property – marital and non-marital. They’re divided differently than in other states, since there’s no community property law in Florida.

Marital property encompasses assets obtained during the marriage. Non-marital property includes assets that each individual had prior to the marriage. During a divorce, the court has the final say about what marital property goes to each individual. The division won’t necessarily be a 50-50 split, but it will be a division the court views as equitable.

Marital Property

Determining what is marital and non-marital property is a highly complex process. Property can’t be protected simply by maintaining it in one of the spouse’s name. If one spouse purchases something for themselves with their own money during the marriage, it’s still viewed as marital property.

Appreciation of an asset or business is also considered, along with joint funds that may have been used toward an individual’s pre-marriage property. Gifts are considered marital property and the court will typically divide the value equally, but it may mean the recipient won’t be able to retain ownership. Certain retirement benefits are also subject to division as marital property.

Non-Marital Property

Property acquired prior to a marriage is considered non-marital property, not viewed as part of the marital estate, and remains with the purchaser. Gifts and inheritances can be tricky territory, but they’re generally considered non-marital property, even if they were acquired during the marriage. Couples can also exclude property and assets by mutual agreement when a prenuptial or postnuptial agreement is in force.

Difficult Decisions

It’s essential to have the representation of a lawyer experienced in divorce proceedings. In many situations, marital and non-marital assets have been combined or otherwise comingled such as bank accounts and bill paying, which can make divisions more complicated.

During a divorce, the court will also consider and divide any liabilities and debts the couple owes. It’s critical to have an experienced lawyer from the beginning. Once the court has rendered its decision, it will be almost impossible to have any aspect changed or modified.

Law Offices of Theodore H. Enfield, P.A.

Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you.  To learn more about how we can help you or to discuss the facts of your case with our attorneys, call 954-983-1443 to schedule your free consultation.

3107 Stirling Road
Suite 105
Fort Lauderdale, FL 33312

Fax: 954-983-1536

Email: [email protected]

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