Alimony Lawyer Tampa FL

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Alimony Lawyer in Tampa FL

If you are looking for an alimony lawyer Tampa FL residents trust, you may want to consider The McKinney Law Group. For years we have been assisting clients get alimony after a divorce or separation. Regardless of how complex your situation might be, we are prepared to do whatever is legally possible to get you the results you want. To schedule a complimentary consultation, please call a Tampa alimony lawyer now at 813-906-0048.

Understanding Alimony

In Florida, alimony is a type of monetary support paid by one spouse to the other during or after the finalization of a divorce. There are different types of alimony, but the most common one is to help one spouse maintain the standard of living they became accustomed to during the marriage. An alimony lawyer Tampa FL has to offer can discuss what type of alimony may be available to you. On the other hand, if you are the spouse expected to pay alimony, our law firm can let you know what options you may have.

Getting Alimony Payments

Not every divorce is applicable for alimony payments. It is up to a judge to award these payments, and to do this the spouse, or their alimony lawyer in Tampa FL, has to show that there is a need. Furthermore, without the alimony, the spouse will not be able to maintain their previous living standards even after income and proceeds from material assets are taken into consideration.

How a Judge Determines Alimony in Florida

Florida’s divorce laws are different from other states. In the case of alimony, the judge must first rule the payments are appropriate under current legislation. In order to do this, a judge may consider the following:

  • The standard of living during the marriage
  • Whether or not adultery was involved
  • How long the marriage lasted
  • Taxes associated with the alimony award
  • The age of the parties
  • The physical and mental health condition of the parties
  • Financial resources and earning capacity of both parties
  • Educational levels and vocational skills of the parties
  • Both parties contribution to the marriage
  • All sources of income including physical assets

When it comes to alimony payments, the length of a marriage is strongly considered. Anything less than seven years is considered to be a short term marriage. Seven to 17 years is a moderate term marriage, and anything more is deemed as a long term marriage. As you talk with an alimony lawyer Tampa FL provides, he or she can explain why the length matters and how it might affect you.

Are You Looking for an Alimony Lawyer Tampa FL Respects?

It is not advisable to seek alimony without a knowledgeable alimony lawyer Tampa FL provides to its residents. The McKinney Law Group is experienced in seeking the following types of alimony:

  • Temporary
  • Periodic
  • Permanent
  • Rehabilitative
  • Bridge the gap
  • Lump sum
  • Durational

If you are currently seeking a divorce and may be ordered to pay spousal support or if you have already been paying spousal support for some time, you may be curious about how your obligations may change once you retire. The answer to that question depends primarily upon how your spousal support orders are structured. You may be “scheduled” to start paying less at a certain point in time. In addition, specific life events may trigger changes and retirement may provide one of those triggers.

With that said, if your support orders do not explicitly allow for an alteration in payment amount post-retirement, you may have to seek a formal modification of your orders once you stop working, if you believe that your financial situation will change dramatically enough to warrant filing a modification action. If you have questions about this threshold, please speak with your Tampa, FL divorce lawyer about your concerns.

If you receive spousal support, you will likely be able to continue receiving support at your current rate once you retire. However, it may be beneficial to speak with your attorney about any life events that may trigger a reduction in support obligations or may result in grounds for a modification of support on the part of your former spouse. It is certainly possible that the retirement of your former spouse may affect your spousal support payments, even if your retirement likely will not result in such an alteration.

Thinking About Modifications

Every set of spousal support orders is constructed uniquely and is impacted by the evolution of the financial and practical situations former spouses find themselves in over time. If you have yet to construct your spousal support agreement, you and your attorney should take great care to discuss a proposed payment timeline, modification procedures and general conditions affecting that support. If you already have orders in place, you will likely need to file a formal request for modification if your circumstances post-retirement will make it unreasonably burdensome for you to keep paying support at your current rate.

A Tampa, FL alimony lawyer will be able to explain how the modification process works in your jurisdiction. He or she will also be able to explain whether or not your situation may justify a reasonable modification. Please also consider that taking early retirement may not result in the same kind of grounds for modification as retirement at a standard age would, as early retirement is usually viewed as a voluntary event.

If you and your spouse are thinking about divorce or have already decided that divorce is the healthiest way forward, you likely have numerous questions about the divorce process itself. You may be wondering about the costs associated with filing for divorce and the ways in which your property will be divided. If you are experiencing some anxiety about the ways in which your divorce may impact your financial future, know that you are not alone. Transitioning from a single, dual-adult household to two single-person households can be an expensive business. Thankfully, you don’t have to navigate the legal side of your divorce alone. Working with an experienced Tampa, Florida alimony attorney can help to ensure that your financial future remains as stable and healthy as possible.

When you meet with a Tampa, FL divorce attorney about your divorce process, you will be able to voice any and all questions and concerns you may have now and moving forward. When discussing asset division, your attorney will likely speak with you about the possibility of including spousal support (also known as alimony) as a part of your property division settlement. Sometimes spousal support is agreed to by both parties and other times it is ordered by a judge. Paying spousal support can free up other assets and receiving spousal support can help to ensure a steady income. There are pros and cons to including spousal support terms in a property division settlement. As a result, including spousal support terms in your divorce settlement is a decision that should be considered carefully.

Calculating Spousal Support

There is no single formula that governs how much alimony a spouse should receive. When spouses choose to mediate and/or negotiate the terms of their divorce settlement, spousal support amounts may vary widely, depending upon how the rest of the couple’s property is split. If one spouse rejects ownership of all other assets, his or her spousal support award will be far higher than it would be if that individual opted to also retain ownership of significant marital property. As long as the value of all marital property is divided evenly, spousal support awards can play a smaller or larger role in a divorce settlement according to the couple’s needs and priorities.

It is also worth noting that state laws related to the calculation of spousal support vary. If a judge is compelled to order spousal support in a non-collaborative divorce case, any number of factors could influence the award amount. An experienced Tampa, FL alimony attorney will be able to advise you according to your state’s laws.

Alimony can be granted to help the spouse:

Bridge the financial gap between marriage and separation

Be intended to help the ex-spouse get to a position where he or she can take care of themselves

With an alimony lawyer Tampa FL divorcees rely on, separating spouses may receive the monetary compensation in a lump sum, on a monthly basis, or be a combination of the two. Alimony in Tampa FL is meant to help level the playing field and is not punitive in nature. The length of a marriage can be an important factor and can be classified as a short term, moderate, or long term marriage.

  • Short term marriage – Less than 7 years
  • Moderate term marriage – More than 7 years, and less than 17 years
  • Long term marriage – More than 17 years

In general, the longer you have been married, the more an alimony lawyer Tampa FL divorcees trust can seek.

What factors may a Florida judge take into consideration when determining the amount of alimony?

Every state has laid out alimony guidelines which are meant to assist judges in their decision regarding an alimony award. Judges have a good amount of discretion to use so they may take a number of factors into consideration before making a ruling. Factors include:

  • The financial resources of both spouses
  • Both spouses earning potential, education, skills, and employability
  • The resources a spouse would need to undergo training for employment
  • The standard of living enjoyed by the spouses during their marriage
  • Each spouses contribution to the marriage
  • Tax consequences of the award
  • Whether or not children are involved
  • Whether or not adultery was committed
  • The length of the marriage

Other factors may be examined to best determine who can receive alimony, for how much, and for how long. In regards to alimony Tampa FL laws can be challenging to navigate without a lawyer. If you are seeking, or trying to avoid alimony, an alimony lawyer Tampa FL can count on from The McKinney Law Group can review your case and let you know what your options may be; call 813-906-0048.

Divorce, Retirement and Spousal Support Considerations

It is becoming increasingly understood that one of the most significant ways that divorce impacts those that the process affects involves retirement. Whether a couple is divorcing early or later in life, this transition can significantly affect the ability of each spouse to retire comfortably. Certainly, no two divorces are exactly alike. It is therefore critically important to speak with an experienced Tampa, Florida alimony lawyer before making assumptions about how your divorce will impact your retirement. Our firm takes great pride in helping to safeguard our clients’ assets (including retirement accounts) during their divorce processes. Please consider scheduling a consultation with an experienced Tampa, FL alimony lawyer today in order to discuss the ways in which your divorce may impact your retirement years.

Retirement Challenges Post-Divorce

Why is retirement so significantly affected by the divorce process? The answer to this question is complex and involves a number of factors. There are obviously exceptions to every general legal rule. But most of the time, the longer a couple has remained married, the more intertwined their financial lives become. When divorce necessarily disentangles a couple’s finances, each is generally left with only half of what had been set aside for retirement. One spouse’s “half” may come in the form of a retirement account, significant property and/or spousal support (commonly referred to as alimony). Divorce is expensive in that it compels couples to create separate, evenly distributed shares of assets. And suddenly finding yourself half as prepared for retirement can be daunting.

Qualified Domestic Relations Orders

If you and your spouse have a joint retirement account, your divorce will almost certainly feature a legal tool known as a Qualified Domestic Relations Order. This document serves as a court order that allows an individual other than the primary account holder to collect from the retirement account in question.

Why does this legal tool matter? When dividing marital property equally, legal tools like alimony and QDROs allow spouses who are not primarily associated with certain assets and forms of income to continue to benefit from those assets even when they are no longer married to the primary asset/income holder. There are numerous benefits associated with these kinds of divorce-related financial options. As a result, it is important to speak with your Tampa, FL alimony lawyer about the best possible tools for your situation, so that you can safeguard your ability to retire as comfortably as possible.

When Your Ex-Spouse Stops Paying Alimony

You may be in need of an alimony lawyer in Tampa, FL if your ex-spouse has suspended or reduced payments to you. At The Mckinney Law Group , a Tampa, FL alimony lawyer can help protect your rights. This may be the necessary next step, particularly if you have contacted your former spouse and attempted to convince them to catch up on their payments to you in a timely manner. Call our office today to request a free consultation with an experienced alimony lawyer from our firm.

Legal Authority

If a court or judge dictated the terms of your divorce agreement, including the terms of the alimony payments, those terms are legally binding. In other words, if your ex is not meeting their payment obligation to you, they are in violation of a court order. An alimony lawyer in Tampa, FL, such as one  from The Mckinney Law Group, can document these violations, present them to a judge, and request the court to enforce their original ruling regarding the alimony payments. If a judge agrees that your former spouse is in violation, your ex may be held in contempt of court. Subsequently, if your ex does not immediately comply with the judge, they face possible jail time as well as fines on top of their missed alimony payments. They may also be ordered to pay for the court costs of the contempt of court case.

Additional Legal Options to Enforce Missed or Late Alimony Payments

As an alimony lawyer Tampa, FL residents trust, we, at The Mckinney Law Group,  can take additional legal action against your former spouse for missing alimony payments if necessary. Depending on the circumstances, our legal team might take any of the following actions on your behalf:

  • Mediation: A professional, certified third-party mediator can meet with you and your former spouse with the goal of negotiating a solution. Your alimony lawyer can also be present.
  • Civil lawsuit in small claims court: This may be effective, but even a ruling in your favor is difficult to enforce.
  • Wage garnishment: the court can rule that your spouse’s paychecks will automatically have your alimony payments subtracted from their paycheck and paid to you.

Possible Damages Due to Missed or Late Alimony Payments

In many households, finances are tight and one unexpected event such as a child’s illness can make it very difficult to pay the monthly bills. If an alimony payment is not paid in full and on time, it can further wreak havoc. As a result, you may have to pay additional finance charges, and you may miss your rent or mortgage payment which can put your housing situation at risk. Your credit report might be damaged, and you could experience undue embarrassment at being unable to pay your bills. An alimony lawyer from The Mckinney Law Group can prepare this information for the court, present your case to the judge, and request your ex-spouse be ordered to pay you what is owed.

Spousal Support Assistance Is Available

If you have questions about spousal support obligations or divorce generally, please consider reaching out to an experienced Tampa, Florida alimony lawyer at The Mckinney Law Group today. The financial transition associated with turning a single household into two households is significant for most couples. Oftentimes, the financial reverberations of this transition tend to impact one’s daily life for years following a divorce. This may be especially true for both young parents and older Americans. For this and many other reasons, it can be helpful to seek guidance from an experienced Tampa, FL alimony lawyer as soon as you have questions about the ways in which a current or completed divorce process may be impacting your financial situation.

If you have questions about alimony or are in need of a divorce and alimony lawyer, The McKinney Law Group is ready to speak with you. For a complimentary consultation with an alimony lawyer Tampa FL divorcees can rely on, please call 813-906-0048.