Winter Haven, FL Divorce Law Firms & Lawyers

Maintenance is a term used for the right of a spouse to receive spousal support while the parties are still married. Alimony is spousal support after a divorce decree is final. Before maintenance will be ordered in a pending divorce case, many courts will require proof that parties are living separate and apart. Generally, the purpose of maintenance and alimony is to ensure an adequate income stream for persons whose economic dependency has resulted from the marriage. Alimony is also intended to improve any economic imbalance in the earning power and standard of living between the spouses. Alimony can be awarded to either spouse. There is a trend to order spousal support less frequently than in the past. This trend is a result of the fact that an increased number of couples have both parties working and there is an increased availability of marital property to be divided and distributed between spouses. Courts have wide discretion in awarding spousal support (maintenance and alimony). An award of spousal support can be in an amount as high as is necessary for the maintenance of the party requesting it. The Arkansas Courts generally consider the following factors in making a determination of whether to award spousal support: A. the financial circumstances of both parties; B. the financial needs and obligations of both parties; C. the couple?s past standard of living; 22 D. the value of jointly owned property; E. the amount and nature of the income, both current and anticipated, of both parties; F. the extent and nature of the resources and assets of each of the parties; G. the amount of income of each that is spendable; H. the amounts which, after entry of decree, will be available to each of the parties for payment of living expenses; I. the earning ability and capacity of both parties; J. property awarded or given to one of the parties, either by the court or the other party; K. the disposition made of the homestead or jointly owned property; L. the health condition and medical needs of both parties; M. the duration of the marriage; and N. the amount of child support awarded. There are certain circumstances warranting an award of alimony. It is certainly not mandatory in divorces. When the factors listed above are present, it is quite common to see an award of alimony. Gender does not make a different. Because more and more women are in the workplace, with high paying jobs, I have seen cases where a stay-at-home father seeks alimony.

You don't specify the States involved, but presumably one of them is Florida, though you don't say if it is the State where the marriage occurred, or the State where everyone now lives. In Florida, you must reside within the State for at least six months for FL to have jurisdiction to grant a divorce. If you have not resided in FL for at lease six months, then the other State would have to be the place where the divorce action is filed, unless you can wait until you have been a resident of FL for at least six months before anyone files for divorce. In FL, an annulment may be granted under very limited and specific circumstances. Consult with an attorney to discuss the specifics of your situation and your options.