Florida Alimony Attorneys
Very few decisions in life have permanent consequences. Alimony can be one of them. Regardless of whether you are facing a claim for alimony, or are the spouse who will be receiving it, the decisions made in family court impact you for many years to come. The battle over alimony requires that your lawyer have a unique combination of skills: litigation readiness; procedural know-how; financial sophistication; tax code savvy; and a down-and-dirty understanding of how people structure their affairs to maximize their claim or minimize their potential liability.
We are always up to date on the law, we know how to gather the evidence you need to advance your claim or defense, and we have the skills to get that evidence admitted in court. If you want a crushing cross examination to win the day, we will prepare tirelessly for that moment. This may be a fight you want to avoid. But, if you can’t avoid the fight, hire the right lawyers.
Our Alimony Attorneys
Attorney Richard J. Mockler can help parties navigate a complex alimony case. After graduating law school with honors, he trained as a business litigator at two of the most prestigious commercial law firms in the United States handling complex corporate and financial litigation for Fortune 500 companies. Richard also studied Finance, holds a Masters of Laws in Taxation (LL.M.), and knows his way around financial statements. After years of successfully trying high-stakes family law cases, he also understands how an alimony battle can play out in the courtroom.
Shareholder Richard J. Mockler can help parties navigate a complex alimony case. After graduating law school with honors, he trained as a business litigator at two of the most prestigious commercial law firms in the United States handling complex corporate and financial litigation for Fortune 500 companies. Richard also studied Finance, holds a Masters of Laws in Taxation (LL.M.), and knows his way around financial statements. After years of successfully trying high-stakes family law cases, he also understands how an alimony battle can play out in the courtroom.
Shareholder Angela L. Leiner holds undergraduate and graduate degrees in economics. So, she feels comfortable arguing about money. Banks and financial institutions hired Angela to handle their cases. If she can represent global players in the financial industry, there is little doubt that she can take on whatever financial issues your family law case might present. Angela uses her courtroom savvy to focus on the numbers and limit the evidence to the relevant issues. But, when a party opens the door, she is more than capable of exposing how someone’s lifestyle or conduct during the marriage may justify more or less alimony. It never hurts to have her perspective on what issues might move the needle in an alimony battle.
Florida Alimony Law
Categorizing the Marriage
For purposes of evaluating a party’s claim for alimony, Florida law places marriages in three categories based on the duration of the marriage. Typically, the longer the parties are married, the greater the likelihood of significant alimony being awarded. Note: The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
Short-Term - A short-term marriage is a marriage with a duration of less than 7 years;
Moderate - A marriage with a duration of greater than 7 years but less than 17 years;
Long-Term - A marriage with a duration of 17 years or greater.
Types of Alimony Available
Based on the duration of the marriage and the various factors, Florida courts can award different types of alimony that are established by Section 61.08, Florida Statutes. The different types of alimony recognized by statute include the following:
Temporary Alimony - A temporary award can be ordered while the divorce case or other action is pending. If the alimony claim is proven at the final hearing, one of the other types of alimony is awarded in the final judgment.
Bridge-the-Gap Alimony - The court may award bridge-the-gap alimony for a period of up to two years to give the former spouse time to reestablish the ability to be self-supporting or transition from married life to single life.
Rehabilitative Alimony - Rehabilitative alimony is awarded to enable the receiving spouse to acquire necessary education, job training, skills, and experience to become self-supporting. It may also be awarded to allow a party to refresh or reestablish skills or experience from a past career that was dormant during the marriage.
Durational Alimony - Durational alimony is awarded for a specified period of time to do justice and equity based on length of the marriage and consideration of the statutory alimony factors. An award of durational may not exceed the length of the marriage.
Permanent Periodic Alimony - Permanent alimony is awarded to a spouse who does not have the ability to meet the financial needs established during the marriage. By statute, permanent alimony may only be awarded where no other form of alimony would be appropriate. Permanent alimony, however, is not necessarily “permanent.” Permanent alimony terminates on the death of either party, terminates upon remarriage of the recipient, and may be modified or terminated based on a substantial change in circumstances for either party, cohabitation by the recipient, or retirement by the payor.
What We've Achieved
Obtained lifetime alimony award for husband of successful physician.
Obtained lifetime alimony award for wife who also received half of the value of husband’s business.
Obtained award of permanent alimony on a short term marriage due to disability.
Obtained significant permanent alimony award against party hiding income.
Obtained judgment denying alimony where spouse had education and the ability to work but preferred to collect alimony.
Obtained judgment denying alimony to spouse who did not pay her bills on time and hurt the other party’s credit.
Obtained judgment denying alimony to spouse where the other party was the only party paying the marital debts.
Obtained judgment denying alimony where spouse moved marital funds to her family during the breakup.
Obtained rehabilitative alimony to cover the cost of medical school.