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Full Answer

How does alimony work in a divorce?

Known in some jurisdictions as spousal support or spousal maintenance, alimony is a major component, and source of contention, in the divorce process. For the spouse who will receive monthly alimony payments, known as the "payee," the first question is usually "how much should I expect to receive?"

How much should I expect to receive in alimony?

For the spouse who will receive monthly alimony payments, known as the "payee," the first question is usually "how much should I expect to receive?" As with most legal questions, the answer is "it depends on your unique situation." One of the first factors a court will consider is the length of your marriage.

How are alimony amounts determined in a child custody case?

In comparison to child custody cases—in which judges must decide which parent a child is going to live with—deciding on an alimony amount is a piece of cake. Every state has a law dictating what factors must be considered in setting alimony.

How does the length of a marriage affect alimony?

Generally, the shorter the marriage, the lower the alimony payments, or the shorter the length of time you’ll continue to receive payments. In many states, if you’re married for less than 10 years you can expect alimony for a number of years equal to half the length of the marriage itself.

What is Florida law on alimony?

“In Florida, a spouse in a long-term marriage, more than seventeen years, can be ordered to pay permanent lifetime alimony. This lasts until one of the parties dies or until the recipient remarries.

How much is a divorce lawyer in Florida?

On average, Florida divorce lawyers charge a minimum of $260 per hour and a maximum of $330. Average total costs for divorce lawyers range from $11,000- to 14,000 but are typically much lower in cases with no contested issues.

How long do you have to be separated to get a divorce in the state of Florida?

A couple must live separately and apart to file for divorce. However, Florida does not require a waiting period or separation before filing for divorce. The only requirement to get a divorce is that at least one of the parties must reside in the state for at least half a year before filing for divorce.

How much is a simple divorce in Florida?

After your spouse has read the information and all of your forms are complete, both you and your spouse can file for the simplified divorce and pay the required filing fee. It costs $409.00 to file your petition but you may qualify for a payment plan if you are indigent.

How much is child support in Florida?

Florida. If monthly income exceeds $10,000, child support is calculated by multiplying the amount of income over $10,000 by a percentage based on the number of children. For this, one child is 5%, two is 7.5%, three is 9.5%, four is 11%, five is 12%, and six is 12.5%.

Does my husband have to pay for my divorce lawyer Florida?

As a rule of thumb, the more contentious the divorce case, the more your attorney will charge you. Fortunately, however, Florida law allows spouses to make their spouse pay their divorce attorney's fees.

What is a wife entitled to after 10 years of marriage in Florida?

Support may not last longer than the marriage. For example, if you were married for 10 years, your alimony award may not exceed 10 years. Permanent alimony is rare, and the court reserves awards for spouses who need financial assistance and are unable to become self-supporting in the future.

Can you date while separated in Florida?

Yes, dating while separated is not unlawful in Florida, but just because it is not prohibited does not necessarily make it a good idea to start seeing other people soon after the divorce papers are filed.

Does it matter who files for divorce first in Florida?

“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”

What is wife entitled to in divorce in Florida?

When a married couple files for divorce in Florida, there will be an “equitable distribution” or the division of marital assets and liabilities. See Florida divorce law 61.075. Usually, the court will divide marital assets and liabilities 50/50 unless there are factors that would make an equal split inequitable.

How much is a divorce with a child in Florida?

The average cost of divorce in Florida is $13,500 without children or $20,300 with children, according to USA Today. However, the actual cost of a divorce in Florida can vary by tens of thousands of dollars based on the type of issues involved in the case and how those issues are resolved.

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

In a 4 year marriage, Florida alimony law considers you an able-bodied adult, able to earn a living. Normally you need to be married at least 7 years for a decent alimony claim.

What is the cheapest way to get divorce in Florida?

Divorce in Mutual Agreement Filing for a divorce in mutual agreement is always cheaper. This avoids having to hire a process server or sheriff to serve the divorce papers to your spouse. You will also save on court mandated mediation, hiring an attorney and maybe even having to pay for their legal fees.

What is the cheapest price for a divorce?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

How much does a divorce cost in Florida without a lawyer?

The cost of a divorce in Florida can range from less than $500.00 to over $100,000.00. If the husband and wife agree on all issues, don't use lawyers and prepare their own paper work, then the divorce will cost $408.00, which is the clerk's filing fee.

Do you have to go to court for divorce in Florida?

In cases of standard uncontested dissolutions of marriage, only one spouse is required to appear at the final hearing. This means that one of you will never have to go to court to actually be granted a divorce.