Alimony disputes often involve two different financial positions. One spouse may need support after the marriage ends, while the other may question whether support is necessary, affordable, or based on accurate income.
Azhar Cheema assists spouses with temporary, bridge-the-gap, rehabilitative, and durational alimony, as well as disputes involving business income, earning capacity, financial disclosure, amount, and duration.
The first step is determining whether the finances support an alimony claim and, if so, what type of support should be considered.
An income difference between spouses does not automatically result in alimony. Florida courts first consider whether the spouse requesting support has an actual financial need and whether the other spouse has the ability to pay.
The requesting spouse’s income, assets, reasonable post-divorce expenses, earning capacity, and other financial resources may be relevant. The paying spouse’s income, resources, expenses, and overall ability to meet a support obligation must also be considered.
Florida no longer allows new awards of permanent alimony under the current alimony statute.
Current law instead recognizes temporary, bridge-the-gap, rehabilitative, and durational alimony. The appropriate form depends on the marriage and the financial circumstances of both spouses.
Older alimony orders entered under prior law can raise different issues if a former spouse later seeks modification or termination.
No. Florida no longer allows new awards of permanent alimony under the current statute. Available forms include temporary, bridge-the-gap, rehabilitative, and durational alimony.
Florida does not use one universal formula for every alimony case. The court first considers the requesting spouse’s need and the other spouse’s ability to pay, then evaluates income, financial resources, earning capacity, marriage length, health, and post-divorce needs.
The duration depends on the type of alimony and the length of the marriage. Durational alimony is subject to statutory limits based on whether the marriage is short-term, moderate-term, or long-term.
Possibly. Temporary alimony may be requested while the divorce is pending when one spouse has a current financial need and the other has the ability to pay.
Some alimony awards may be modified when qualifying circumstances change. The rules depend on the type of alimony, the existing judgment, and the reason for the requested change.
Florida places specific limits on the duration of durational alimony.
For a short-term marriage, durational alimony generally may not exceed 50% of the length of the marriage. For a moderate-term marriage, the general limit is 60%. For a long-term marriage, the general limit is 75%.
Durational alimony generally cannot be awarded after a marriage lasting less than three years.
The exact duration still depends on the circumstances of the case and the requirements of Florida law.
Florida does not use one universal formula for every alimony award.
For durational alimony, the amount is limited to the receiving spouse’s reasonable need or an amount not exceeding 35% of the difference between the spouses’ net incomes, whichever is less.
A spouse does not automatically receive 35% of the income difference. Need, ability to pay, income, deductions, expenses, and other relevant financial circumstances still have to be evaluated.
Business ownership or self-employment can make alimony more complicated because income may not appear as a consistent paycheck.
Relevant records may include personal and business tax returns, profit-and-loss statements, payroll, bank records, owner distributions, bonuses, investment income, and expenses paid through a business.
When reported income is disputed, financial disclosure and discovery may be used to compare the figures provided with the available records and determine the income and resources relevant to alimony.
A spouse’s current income is not always the only consideration. Education, vocational skills, employment history, employability, health, childcare responsibilities, and the realistic ability to become more self-supporting may also matter.
A spouse who spent years caring for children or managing the household may have a different earning position from someone who can readily return to an established career.
When rehabilitative alimony is requested, a specific plan for education, training, credentials, or work experience is generally required. The plan should identify how the proposed rehabilitation is expected to improve earning capacity.
Alimony claims depend heavily on accurate financial information from both spouses.
Relevant records may include financial affidavits, tax returns, W-2s, 1099s, pay statements, business records, bank and investment statements, retirement records, monthly expense information, and documents showing other income sources.
Employment history, education, professional qualifications, and evidence of earning capacity may also become important when a spouse’s ability to become self-supporting is disputed.
Azhar Cheema can identify which financial records are relevant and organize the evidence needed for negotiation, mediation, or a contested hearing.