Tag: Orlando Alimony Attorney

Alimony Pendente Lite Florida

Name: Jacobs Law Firm, PLLC
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Posted by Law Firm Admin on January 14, 2018

Alimony Pendente Lite sounds like an auto insurance company, or a caricature from some foreign language film nominated for an Oscar Award. In fact, alimony pendente lite Florida is a form of short term alimony awarded while the divorce is pending/going on. This type of limited spousal support is intended to help the recipient during the length of the case itself (hence the word pendente or pending). Florida divorce courts do not automatically award this type of alimony. Your divorce lawyer must specifically ask the court alimony pendente lite it to be awarded. It is rather obvious to lawyers, but generally not to nonlawyers, that if you want the court to do/award something in a divorce or family law case, you generally must ask the court for relief. Jonathan Jacobs is an alimony attorney in Clermont, Minneola, Orlando, Leesburg, Tavares, Osceola, and the surrounding areas of Central Florida. Call 407-335-8113 to speak with a divorce and family attorney today.

Suit Money in a Divorce

Alimony pendente lite Florida is otherwise known (this sounds like a pejorative term but it really isn’t) as “suit money.” Essentially, the party that has demonstrated a need for alimony from the party with a demonstrable ability to pay for alimony may be entitled to this short-term suit money. Vickers v. Vickers, 413 So.2d 788 (1982). Moreover, it is a central tenet of dissolution of marital law that both spouses (husband and wife) have an equal right to petition for alimony, petition for child support, and have (unless competent and substantial evidence indicate(s) otherwise), an equal right to custody of children. Yohem v. Yohem, 295 So.2d 656 (1974).

The concept behind alimony pendente lite Florida, is that divorce lawsuits may take a number of months (or even years) to be resolved. In the meantime, the payee (recipient) may not have any money to support their children, pay for their basic expenses such as rent or groceries, or even to pay their attorney to represent them in the divorce proceeding. Therefore, being mindful of this, and understanding that alimony may be awarded at the outcome stage of the case, Florida courts often award alimony pendente lite to benefit the party in need. Alimony pendente lite in Florida may be awarded based on motion, the petition, or the counterpetition upon request.

Alimony Attorney in Clermont

The Florida Alimony Pendente Lite Statute is 61.071. Florida Statute 61.071 is one of the many Florida Statutes governing alimony. Case law regarding the Florida Alimony Pendente Lite Statute is mostly older and foundational (as indicated above). The original case law on alimony pendente lite provides that the court awards this so-called suit money to prevent one party from being a burden to the coffers (pocket-book) of the state/government.

If you are considering getting a divorce in Florida, or if you have been served with a petition for dissolution, please call Jonathan Jacobs, your Alimony Attorney in Clermont Florida, Orlando Florida, and in all of Central Florida.

Other forms of alimony include:

Keep in mind that alimony is merely one of many issues that may need to be litigated in the Florida family courts. Other vital issues may include child support, health insurance for the kids, domestic violence, and the equitable distribution of assets. Call us today to learn more.

Florida Rehabilitative Alimony

Posted by Law Firm Admin on December 28, 2017

In deciding whether to award Florida rehabilitative alimony, family law and divorce courts make factual findings that follow the alimony Statute in Florida. Courts often require the moving party (party asking to receive alimony) to produce a Florida rehabilitative alimony plan. This proposed plan should lay out the steps for the rehabilitation of the party that needs training and education, and financial support from the payor (person paying). The purpose of rehabilitative alimony is for the payee to get back on their feet after being in a marital relationship in which their contributions to the marriage (homemaking, children) may have prevented them from developing career training and contemporary job skills in our currently competitive marketplace of/for jobs. If you are seeking a divorce or family law attorney to litigate your Florida rehabilitative alimony case, call the Jacobs Law Firm today about your divorce or family law case, 407-335-8113.

The legal phrasing that the State of Florida utilizes for rehabilitative alimony Clermont or rehabilitative alimony Orlando is the ability to be “self-supportive.” Most people prefer to be self-supportive. They recognize the need to be able to provide for themselves, particularly when the financial security they once enjoyed is no longer available, such as in the case of a marital dissolution after a period of years of support. This brings us to the Florida rehabilitative alimony plan, and at least a general idea of how that operates, knowing that all cases are different and fact-specific.

Florida Rehabilitative Alimony Plan

The court will not order rehabilitative alimony unless there is a particularized Florida rehabilitative alimony plan. To establish the needing party’s ability to be self-supportive, a plan allows for the renewal and redevelopment of job and career skills that the party once possessed. If the party did not work at any time, other arrangements will be made to accommodate even entry-level skills development.

The plan also includes, as you might have just wondered after reading the first part, the opportunity to obtain an education to refresh, refurbish, or acquire the skills necessary to participate in the workforce in a meaningful manner. Modifying alimony is a challenging thing to do from a legal perspective.

Unlike bridge the gap alimony, Florida rehabilitative alimony may be changed or ended if there is either the noncompliance (refusal to participate or choice to ignore the plan) of the needing party, or a substantial change in circumstances. A substantial change in circumstances is legal terminology, which in this case can mean the party has found a good job already. Or, perhaps, they only needed a few credits to graduate and have done so quickly, or any other significant change that may have been unanticipated at the time of the award of rehabilitative alimony.

Read on about other types of Florida alimony: Women pay alimony too! Alimony pendente lite, Short term alimony, Bridge-the-gap alimony, Durational alimony, Florida alimony factors, and Permanent alimony. Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont Florida ready to take your call.

Short Term Alimony in Florida

Posted by Law Firm Admin on December 28, 2017

Short Term Alimony in Florida: Short Term Marriage in Florida

The Florida Alimony Statute provides guidance on the length of time the court will consider (in many cases) as a short-term marriage in Florida, for the express purpose of determining how much to award in short term alimony in Florida. In another article, we have outlined the factors the Florida court will consider and listen to arguments on, when deciding whether to award alimony, and if so, how much alimony to award the needing party. A marriage that lasts for anything less than seven years is considered to be a short-term marriage in Florida. This is known as a rebuttable presumption. This article elaborates on the Florida alimony length of marriage for purposes of the parties arguing for, and the court awarding alimony. Jonathan Jacobs is an Orlando family lawyer ready to help you through these turbulent times in your alimony case.

Florida Alimony Length of Marriage

There are other marital durations (i.e. the Florida alimony length of marriage) that Florida also presumes unless successfully rebutted. Those other marital durations are a moderate term marriage, which is greater than seven (7) years but less than seventeen (17) years. Finally, for purposes of alimony considerations, a long-term marriage in Florida lasts (presumptively) for more than seventeen (17) years and has no specific upward time frame given it is as implied, the longest term possible under the eyes of the law. Spousal support is a major issue in many divorce cases.

Orlando Family Lawyer

The types of alimony the court may award (generally speaking) in short term marriage Florida rulings are alimony pendente lite (suit money), bridge the gap alimony, rehabilitative alimony, and if the arguments are sufficient and the court feels an upward departure is justified, durational alimony. Florida alimony length marriage is a consideration you should discuss with your Orlando family law attorney.

What is a Rebuttable Presumption?

A rebuttable presumption is a presumption whereby the court defaults to it as the basis or starting point for its ruling, but is open to arguments to the contrary that may or may not convince the judge/court to rule otherwise. A rebuttable presumption is difficult to overcome without substantial evidence to the contrary. Back to the original point about short term alimony Florida, and short-term marriage Florida, there is in Florida a rebuttable presumption that a marital union of less than 7 years is a short-term marriage. Some case law provides that alimony may not be appropriate in short term marriages,

For additional information on the types of Florida alimony, please read the following articles written by an alimony attorney:

bridge-the gap alimony, rehabilitative alimony, durational alimony, alimony pendente lite, gender based alimony, and permanent alimony.