Upkeep: What’s it and the way lengthy do I’ve to pay for it ?: Current Articles: South Florida Hospital Information

By Angela R. Neave, Esquire

Alimony is financial support from one spouse to another. Financial assistance can be money paid by one spouse to another, or benefits in kind given by one spouse to another, such as monthly direct payment of the mortgage. There are several types of maintenance in Florida: temporary, bridging, rehabilitative, permanent, permanent, periodic, and flat-rate maintenance. How do you know what kind of maintenance is appropriate for your family? Temporary alimony is the support paid during the pending divorce proceeding. In Florida, families are expected to maintain the status quo until a final resolution has been found or a final judgment regarding the dissolution of the marriage has been passed. Typically, marriages of less than 7 years of age are presumed to be permanent maintenance without extenuating circumstances and the Court may grant up to 2 years of maintenance, known as bridge-the-gap maintenance, depending on the facts and circumstances. In marriages between the ages of 7 and 17, the court may grant rehabilitation alimony, that is, alimony for the length of time it takes the recipient’s spouse to pursue a job that enables him to support himself or for permanent alimony as many years as the length of the marriage. In marriages over 17 years of age, permanent alimony is assumed, unless the facts and circumstances determine otherwise. A maintenance allowance is granted in certain circumstances, such as when one spouse refuses to assist the other and the Court considers that the spouse will continue to evade financial obligations to the other spouse.

Determining the amount of maintenance one spouse pays the other requires an assessment of a combination of factors listed in the Maintenance Act. However, it must first be determined whether one spouse has a need and the other spouse is able to pay. If neither spouse needs maintenance to support their household after the divorce, neither spouse will receive maintenance. A spouse can provide evidence of a need based on the cost of living and monthly income. However, if the other spouse is unable to pay maintenance, maintenance cannot be granted. If one spouse can provide evidence of maintenance needs and the other spouse can pay part or all of the maintenance needs, maintenance is granted in the amount that the receiving spouse needs or the amount that the paying spouse can afford.

To calculate the maintenance, the income for each spouse must be determined. If a spouse refuses to take up employment, or if their income is intentionally reduced during the divorce process to avoid maintenance obligations, the courts can and will attribute income to that spouse. Courts may also consider other factors, such as: B. The age of underage children, whether a spouse has been out of work for a long period of time, whether a spouse must stay at home to care for disabled or sick children, and other factors to ensure equity and justice between the spouses when deciding whether and in what amount maintenance should be granted.

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