Skilled Fort Pierce Alimony/Spousal Support Lawyer
In 2023, Florida reformed its divorce laws to eliminate permanent alimony. If you are considering filing for divorce in Fort Pierce and wondering about spousal support, you need the right legal ally who can help you understand how the updated legislation will affect you.
As a Fort Pierce spousal support attorney at George Lambeth Metcalfe, P.A., I help clients assess how Florida’s updated alimony rules will affect the amount and duration of support. Whether you are seeking alimony or responding to a request, I can provide tailored legal solutions. My approach focuses on careful review of each spouse’s finances, the length of the marriage and the facts that may affect an alimony decision.
Post-Reform Florida Alimony Laws: Understanding Statutory Caps And Duration Limits
Florida ended permanent alimony under Senate Bill 1416 in 2023 and set limits on how long and how much durational alimony may last. The time limit generally depends on the length of the marriage:
- Marriages under three years: Generally do not qualify for durational alimony
- Marriages between three and 10 years: Support may last up to 50% of the marriage length
- Marriages between 10 and 20 years: Support may last up to 60% of the marriage length
- Marriages of 20 years or more: Support may last up to 75% of the marriage length
A court may extend these limits in rare cases, such as a severe disability or the full-time care of a disabled child.
Florida also limits the amount of durational alimony. An award generally cannot exceed 35% of the difference between the spouses’ net incomes or the recipient’s reasonable need, whichever is less.
Need Vs. Ability To Pay: Financial Proof Required In St. Lucie County Courts
When deciding support, St. Lucie County courts may look at one spouse’s financial need and the other spouse’s ability to pay. Both sides generally must provide financial records, such as:
- Financial affidavits: A sworn form that lists income, expenses, assets and debts.
- Mandatory disclosure: Key records, such as tax returns, W-2s, bank statements and credit card statements.
- Proof of changed circumstances: Records showing job loss, lower income or higher expenses when claiming an inability to pay.
The spouse asking for support must show that current income and resources cannot cover reasonable expenses. The spouse expected to pay should provide records of income, cash flow and other financial activity.
Types Of Spousal Support In Fort Pierce: Bridge-the-Gap, Rehabilitative And Durational
Florida law provides three main types of alimony. Each type serves a different purpose:
- Bridge-the-gap alimony: Offers temporary financial help while a spouse adjusts to life after divorce, generally for no more than two years.
- Rehabilitative alimony: Helps cover education or job training so a spouse can become self-supporting and requires a specific plan.
- Durational alimony: Provides financial support for a limited time, with the marriage length helping set the duration.
The type and amount of alimony may depend on the length of the marriage, each spouse’s income and resources, the recipient’s financial need and the reason for seeking support.
Modifying Or Terminating Alimony: Retirement, Supportive Relationships And Changed Circumstances
Florida law allows alimony to change or end in certain situations:
- Retirement: Reaching normal retirement age may support a request to change or end alimony. The court may review the paying spouse’s retirement income, assets and finances.
- Supportive relationships: Simply dating or moving in with a new partner does not instantly end alimony. However, it automatically ends if the receiving spouse legally remarries.
- Changed circumstances: A major, lasting and involuntary change may support an alimony change. Examples include job loss, serious illness or a major change in income or financial needs.
The court will consider the couple’s income, retirement, living arrangements and financial need when deciding whether to change or end alimony.
Talk To A Fort Pierce Alimony Attorney Today
If you are seeking alimony, responding to a request or seeking to change an existing order, I, George L. Metcalfe, can help clarify your options under Florida’s current law. I represent clients in Fort Pierce and St. Lucie County with these matters. Call me at 772-292-0930 or reach out online to discuss your circumstances and available legal options.