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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Types Of Alimony In Broward

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Broward

Control #:

US-00004BG-I

Format:

Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.

How Do I Request Alimony In A Florida Divorce Case? You file a petition in court that includes all facts and supporting evidence on why the court should grant alimony. Your ex may be allowed the opportunity to respond in writing, along with evidence and facts to support why alimony should be denied.

Ing to the Florida State Legislature, there are four different forms of alimony, which include bridge-the-gap, rehabilitative, durational and permanent, that may be awarded during divorce proceedings in Florida.

Caps on Terms of Alimony Florida's new law institutes caps on alimony terms for rehabilitative alimony and durational alimony: Rehabilitative alimony is now capped at 5 years. For marriages lasting 3 to 10 years, durational alimony can't exceed 50% of the marriage's length.

The court's must look at whether the spouse requesting alimony has a need and then determine if the other spouse has the ability to satisfy, all or part, of that need. Typically, courts look at the surplus or deficit on each party's financial affidavit when determining if alimony should be awarded.

There is a rebuttable presumption for an award of permanent alimony in a long-term marriage, which is 17 years or longer. There is no presumption for or against permanent alimony in a moderate-term marriage, which is a marriage greater than 7 years but less than 17 years.

In Florida, self-sufficiency can disqualify you from receiving spousal support or alimony in Florida. If the court determines that you have the financial means or can gain employment to meet your needs of independently, you may not be eligible for alimony.

Marital assets include things like the marital home, retirement accounts, investments, cars, and personal possessions bought jointly or individually during the marriage. Credit card debt and loans taken out in both spouses' names are also divided. The goal is an equal 50/50 split.

More info

Alimony can still be ordered in the form or forms of: Temporary Alimony, Durational Alimony, Rehabilitative Alimony, and BridgetheGap Alimony. A court may award temporary alimony, bridge-the-gap alimony, rehabilitative alimony, and durational alimony.Permanent alimony or long durational alimony awards are usually reserved for long-term or moderate-term marriages. Learn about the types of alimony available in Florida and how judges decide which type to award, how much the payments should be, and how long they'll last. Durational alimony – This often is awarded in the instance of a short or moderate-term marriage. Permanent Alimony – Removed. Rehabilitative Alimony – Is now capped at 5 years. We offer a free initial telephone consultation. The Court can award no alimony or a combination of several types of alimony. It is best to consult with an attorney regarding alimony under the new statute.

Types Of Alimony In Broward

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FAQ

What do you need to file for alimony?

How to file for alimony in Florida?

What types of alimony are there in Florida?

What is the new law on alimony in Florida?

What are the different types of alimony in Florida?

How is alimony determined in Florida?

How many years do you have to be married to get alimony in Florida?

What disqualifies you for alimony in Florida?

What is a wife entitled to in a divorce in Florida?

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