July 8, 2011
Florida Family Law Alimony Spousal Support
If one spouse needs some help getting on his or her feet, the court may award bridge-the-gap alimony. This alimony is awarded to assist the person in the transition from married life to single life and is generally awarded for two years. For example, if the spouse is having a hard time finding a job or is no longer living in the marital home, a court may award bridge-the-gap alimony to allow that spouse to find a job or appropriate housing.
Permanent alimony may be awarded following a marriage of long duration, following a marriage of moderate duration if such an award is appropriate upon consideration of the following factors
The supported spouse is faced with a dilemma during a divorce that includes loss of all income or loss of income to the point where economic standing is severely impacted. You see the celebrity divorces in the news, and usually the major point of contention is alimony. Yet middle class couples have the same issues in a divorce because marriage creates an economic union as much as it creates a spiritual one.
Alimony is also called as the settlement that one party in the divorce is expected to pay to the other. In a divorce the court has the right to specify a particular type of alimony and the payer has to pay the same to the beneficiary or the receiver of the alimony. There are three different types of alimony and the court, on its discretion, can appoint a particular type to a particular case.
Marital property includes anything of value now or in the future that was acquired during the marriage. This includes tangible property such as automobiles, jewelry, and real estate and intangible property such as a pension, patent rights, or retirement accounts. Washington is a community property state and any property owned by either individual prior to marriage is exempt from division. This means that property is not necessarily split 50%/50%.
The new law has also defined certain areas in an attempt to clear up any confusion or ambiguities and limit certain discretion of the courts. There is now a rebuttable presumption (one that can still be overcome with credible evidence) as to how a marriage is defined based upon the length of marriage.
For instance, lets take a divorce case where the wife is requesting maintenance on the grounds that the wedding is longer than ten years which she lacks the earning ability to fulfill her minimum cheap needs.
Each spouse’s earning capacity: In the scenario above, Wife has the ability earn at the rate of a professional. She has a bachelor’s degree and some work experience. She, however, certainly does not have the earning capacity of Husband given that Husband is currently in the work force and has been for many years.
History
Liberalization of divorce occurred in the nineteenth century, but divorce was only possible in cases of marital misconduct. As a result, the requirement to pay alimony was linked to the concept of “fault” in the divorce. Alimony to wives was paid because it was assumed that the marriage would have continued except for the misbehavior of the husband. According to the American Bar Association, marital fault is a “factor” in awarding alimony.
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Family Law Alimony Factors Considered. Visit IRS Tax Attorney. Alimony You in Texas. IRS Lawyer.
Source: http://www.articletrader.com
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