Please Note That Significant Changes To Alimony Laws in Florida Have Gone Into Effect July 1, 2023. Please Call Our Offices With Any Questions Regarding These Changes.
“Hi, I’m Gary Dolgin, Board Certified Expert in Marital and Family Law, serving the Tampa Bay community since 1993.
Do you have an alimony issue?
If so, you should know that Florida’s laws regarding alimony changed dramatically on July 1, 2023.
Permanent alimony is no longer authorized in the state of Florida.
The law regarding length of marriage has changed as well.
If you’ve been married 20 years or more, it is considered a long-term marriage, and the maximum length of durational alimony that you can receive is 75% of the length of your marriage.
If you’ve been married between 10 and 20 years, it is considered a moderate-term length marriage, and the maximum amount of length of time for durational alimony you can receive is 60% of the length of your marriage.
And if you’ve been married for 10 years or less, it is considered a short-term marriage, and the maximum amount of time that you can receive durational alimony is 50% of the length of your marriage.
But if you’ve been married for less than 3 years, you are not eligible for durational alimony.
There are exceptions, though, to these caps.
If you can prove exceptional circumstances exist, by clear and convincing evidence, a judge can exceed the length of time that you could receive durational alimony.
What are exceptional circumstances?
Some examples could include:
– if you’re permanently disabled
– if your employability limits your ability to be self-supporting
– if you’re caring full time for a special needs child
If you have questions regarding the new alimony laws, give us a call, and we’ll be happy to answer all of your questions.
At The Law Offices of Gary S. Dolgin, we will treat you like family.
~ Gary S. Dolgin, Attorney At Law
Florida Alimony Laws, as They Pertain To Retirement, Have Changed Effective July 1, 2023
What Is Bridge-The-Gap Transitional Alimony?
New Laws Regarding Rehabilitative Alimony
Divorce Client Melinda Is Grateful To Gary For Helping Her Get An Emergency Order For Alimony & Child Support During Her Divorce
Melinda’s divorce was challenging because her ex-husband was not willing to negotiate on several issues and tried to discredit her with expert witnesses in court.
Having a child with autism and multiple sclerosis, Melinda had not worked outside of the home for over 6 years and had no source of income when she and her ex-husband separated.
Gary Dolgin helped Melinda get an emergency court order for alimony and child support during her divorce to help pay her bills and medical expenses for her child.
Through Gary’s expertise and knowledge during court proceedings, Gary was also able to defend Melinda against her ex-husband’s expert witnesses and helped Melinda gain sole custody of her two children.
Melinda is grateful to Gary for all the support and superior representation he provided her during her challenging divorce process.
In this video, Melinda shares what she has to say about Board Certified Expert in Marital and Family Law, Gary Dolgin representing her during her divorce and helping her with child custody, alimony, equitable distribution and child support.
Former Divorce Client, Jennifer Is Grateful To Gary Dolgin For Ensuring That She Would Be Financially Secure As She Gradually Returned To Work
One of Gary Dolgin’s former divorce clients, Jennifer, is thankful to Gary for helping to guide her through her divorce 14 years ago.
As a Stay-At-Home Mom, Jennifer needed an aggressive and knowledgeable divorce attorney in Tampa who would help stand up for her and protect her best interests through her divorce.
It took over 2 years for Jennifer and her ex-husband to come to a final divorce agreement and Jennifer is happy that she selected Gary Dolgin to represent her.
Jennifer greatly appreciated Gary’s superior abilities to prepare her for and help her through numerous mediations.
She was also grateful to Gary for making sure that the details of her settlement agreement would allow her to be financially secure as she transitioned from being a Stay-At-Home Mom to entering the workforce again.
Watch this video to hear what Jennifer has to say about Gary Dolgin’s exceptional representation during her divorce.
Gary S. Dolgin has over 33 years of experience in divorce and helping to determine, negotiate and modify alimony for his clients in Hillsborough County and throughout Florida.
When you and your spouse divorce, there are a number of decisions that will have a long-term impact on your quality of life. The award or payment of alimony is one of them.
Whether you and your partner try to negotiate an alimony agreement on your own or take your disputes to a Florida court, the question of whether alimony should be provided can be very difficult to agree on and can cause major disputes during the settlement process.
Factors That Are Considered When Determining Alimony
When determining whether or not alimony should be granted, how much should be awarded and for how long, judges are required to consider the factors contained in Florida Statute 61.08, which are as follows:
Understanding The Various Types Of Alimony
There are several different types of alimony that may or may not apply to you and your spouse’s circumstances.
Meant to provide support during divorce proceedings, temporary alimony helps recipient spouses address their financial needs until the case is resolved.
Permanent Alimony (no longer awarded as of July 1, 2023)
Effective July 1, 2023, permanent alimony is no longer awarded in the State of Florida.
Judges in Florida no longer have the authority to award permanent periodic alimony.
Permanent alimony that was agreed upon or ordered by a judge and awarded prior to July 1, 2023 remains in full force and is unaffected by the new alimony laws.
In the past, permanent alimony may have been given to a spouse who is seriously ill or who is unable for another reason to earn enough income to maintain their standard of living.
Permanent alimony is not necessarily permanent, as alimony can be modified if either party can prove a substantial change in circumstances has occurred since the entry of the Final Judgment of Dissolution of Marriage.
Durational alimony may be awarded to provide a party with economic assistance for a set period of time. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances.
Durational alimony may not be awarded following a marriage lasting less than 3 years.
An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage.
Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of the factors in subsection (3) and upon consideration of certain factors. For example, employability, financial resources, mental and physical condition.
Rehabilitative alimony may be awarded to assist a party in becoming self-supporting through redevelopment of previous skills or acquisition of new skills through training, education, or work experience. In addition, a rehabilitation plan must be included in any order awarding rehabilitative alimony.
Bridge The Gap Transitional Alimony
Bridge-the-gap alimony may be awarded to provide support to a party in making the transition from being married to being single.
The length of an award of bridge-the-gap alimony may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the obligee.
An award of bridge-the-gap alimony is not modifiable in amount or duration.
Lump Sum Alimony
Lump Sum alimony is a payment of a fixed and definite sum and is in the nature of a final settlement between the parties.
Lump Sum alimony is a vested right that is not subject to any increase, reduction, or termination in the event of contingency, even death or remarriage.
To award Lump Sum alimony, the court must find proof of special circumstances where other forms of alimony are not available or appropriate.
The court may order a spouse to pay a significantly small amount, as small as $1 a year, until that spouse is able to pay a larger, supportive alimony amount some time in the future.
This alimony is known as “nominal alimony.”
Nominal alimony is not meant to support the receiving spouse, but instead preserves the receiving spouse’s right to receive alimony at a later date.
Is Alimony Determination Based On Fault?
Although Florida is a no-fault divorce state, the Court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.
You Need An Experienced and Skillful Alimony Attorney To Help Determine Spousal Support Given Your Specific Circumstances
Understanding the laws governing the determination of alimony and having the skills needed to apply all the various factors is crucial in your alimony case.
That is why you should seek the best spousal support lawyer with the experience and skills to help gather all the information needed, analyze the data and effectively present your case in mediation or in court.
Having helped thousands of wives and husbands throughout the Tampa area negotiate and settle their alimony disputes, alimony expert Gary Dolgin is fully equipped to help you too.
Alimony Lawyer Gary Dolgin Will Advocate On Your Behalf During Mediation
As a Supreme Court Certified Family Law Mediator, Gary Dolgin uses his expertise in mediation strategies to guide the negotiation process toward the best possible spousal support agreement.
Mediation can be a highly effective tool in helping to come to an agreement about alimony efficiently and peacefully.
In Some Cases Litigation Is Necessary To Help Achieve The Best Alimony Determination For Your Circumstances
When negotiations fail and an alimony award cannot be agreed upon by you and your spouse, litigation may be necessary to help achieve a fair alimony settlement.
You can count on Gary Dolgin’s 33 years of experience in alimony litigation to help achieve the best possible spousal support award in court. Using his methodical approach to litigation you can rest assured that you will be well-represented in court.
In either case, whether through mediation or litigation, here at the Law Offices of Gary S. Dolgin, you can put your mind at ease knowing that we will work diligently, with integrity and compassion, to represent your interests in your spousal support case.
Modification of Existing Alimony
If you have experienced a change in circumstances since your alimony agreement, we can help you petition the court for a modification of alimony accordingly.
If you are not receiving the alimony payments specified in your existing court order, we can assist you with enforcement actions for failure to pay, or for failure to pay on time.
A Motion for Contempt can be filed with the Court and if it is determined that your ex-spouse is willfully refusing to pay their court ordered alimony, even if they have the ability to pay, they can be held in contempt.
The court can impose sanctions including fines, statutory interest on arrearages, reimbursement of attorneys fees and potentially incarceration.
Marital Law Expert
Expert In Divorce
Being Board Certified in Marital and Family Law Makes A Difference
While many lawyers may handle marital and family law matters at various levels, only those who have met the requirements of Board Certification are allowed to identify themselves as a “specialist.” Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the state Supreme Court.
Also being a Florida Supreme Court Certified Family Law Mediator, you can rest assured that Gary Dolgin has the knowledge and skills necessary to make your alimony mediation as effective as possible.
With Gary Dolgin’s consistent track record of uncompromising ethics and his great reputation among peers and judges in the Tampa community, you will be in great hands as he helps you through your alimony issues.
Alimony Lawyer Gary Dolgin Has The Knowledge and Experience To Help Achieve The Best Possible Outcome For You
With all the factors to be considered, determining and negotiating alimony can be complicated. That is why it is crucial to retain a skillful, aggressive and knowledgeable spousal support lawyer like Gary Dolgin who has over 33 years of experience in alimony law in the Tampa Bay area.
Whether you are requesting alimony, defending against alimony, or requesting a modification of alimony…with Gary Dolgin as your attorney, you can put your mind at ease that you have an attorney with vast experience and knowledge of how alimony is awarded in Hillsborough County, Florida.
Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart when it comes to determining what type(s) of alimony might be granted in your situation and advocating on your behalf to secure the best result possible.
You can count on Gary Dolgin to help you with your alimony issues aggressively, while taking care of your best interests with integrity and compassion.
To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.