Spousal Support Before, During, and After Divorce

One of the key factors impacting financial well-being while considering divorce is spousal support. Most people understand generally that the financial need of a lesser earning spouse is weighed against the higher earning spouse’s ability to pay. But there are still a lot of details around spousal support that remain a mystery for many individuals who are thinking about dissolving their marriages. In fact, spousal support is available before, during, and after divorce for many in the Sunshine State.

Separated but Not Yet Divorced

It’s possible to request spousal support even if you haven’t yet filed for divorce. This type of separate maintenance is available to individuals who are living separately and is not connected to the dissolution of a marriage in any way. The petition for maintenance must be filed with the court, and the responding spouse must be notified through a personal service.  If the respondent fails to answer within 20 days, the petitioner may file a Motion for Default and request a final hearing. A General Notice of Hearing must be posted, and the court can then award the maintenance, just as if the petition were uncontested. If the petition is contested you may be required to go to mediation before the court makes a final decision but ultimately if that doesn’t work the court will weigh the requesting spouse’s need against the financial situation of the respondent in making a decision as to what amount, if any, will be ordered to be paid.

In the Process of a Divorce

After filing for divorce but while the final order is pending, temporary alimony may be requested by a lesser-earning spouse to ensure financial stability. This will terminate upon finalization of the divorce.

When the Divorce is Finalized

Many spouses are entitled to alimony, but it is capped at 35 percent of the difference between the two parties’ incomes. The duration depends primarily on the length of the marriage:

• For less than 10 years of marriage, alimony maxes out at half the length of the marriage;
• For 10 to 20 years of marriage, alimony can be received for 60 percent of the length of the marriage;
• For marriages lasting 20+ years, alimony can be paid out for 75 percent of the length of the marriage.

Types of Alimony 

In some cases, alimony is designed to assist through the transition period, This is called Bridge-the-Gap alimony and lasts up to two years. Rehabilitative alimony is designed to assist in getting further education or job training, and Durational alimony is set based on the length of the marriage.

Advocating for You

The experienced Boca Raton divorce attorneys at WiseLieberman always work to achieve the best outcomes for you in divorce. To discuss, schedule a confidential consultation in our Boca Raton office today.