Daytona Beach Alimony Lawyer

Helping Clients Secure Spousal Support in Volusia County

Your marital settlement agreement or divorce decree encompasses many life-altering determinations regarding child custody, child support, the division of marital assets, and, importantly, alimony. The decisions or concessions you make during the negotiation process can significantly impact your long-term financial stability. 

If you currently earn less than your spouse, you may face immediate challenges adjusting to your post-divorce lifestyle. Fortunately, courts have the authority to grant alimony—also referred to as spousal support—to help you adapt to changes in your circumstances and safeguard your well-being.

At Buckmaster & Ellzey, our alimony attorneys in Daytona Beach assist clients in securing spousal support orders that help protect their standard of living. Whether you are navigating the negotiation of a divorce settlement agreement or pursuing a modification of an existing court order, our experienced legal team possesses the comprehensive experience and resources needed to pursue the best possible result for you.

Do you need legal assistance for your alimony matter? Call Buckmaster & Ellzey today at (888) 785-6548 or contact us online to schedule a consultation with our alimony attorney in Daytona Beach.

Understanding Florida's Alimony Laws

Florida has recently undergone significant changes to its alimony laws, making it more critical than ever to have a knowledgeable Daytona Beach alimony lawyer on your side. The state's statutes now focus on "need and ability to pay," and have eliminated permanent alimony in favor of more defined, durational types of support. These changes, signed into law on July 1, 2023, mean that the court's primary objective is to help the recipient spouse become self-sufficient over time. The length of the marriage is now a major factor in determining the type and duration of support.

Types of Alimony in Florida

Here are the primary types of alimony in Florida:

• Temporary Alimony: This is awarded while a divorce case is pending to ensure the lower-earning spouse has the financial means to cover living expenses and maintain a reasonable standard of living until the divorce is finalized.
• Bridge-the-Gap Alimony: This type of support is designed to provide short-term assistance for a spouse to transition from married life to single life. It is intended to help with immediate, identifiable needs such as securing a new residence or covering start-up costs. This type of alimony cannot exceed two years and is non-modifiable.
• Rehabilitative Alimony: This is awarded to a spouse who needs time to acquire the necessary education, training, or job experience to become financially self-supporting. The recipient must present a detailed rehabilitative plan to the court, and this type of alimony can last for up to five years.
• Durational Alimony: This is the most common form of long-term support now awarded in Florida. It is provided for a set period of time, and its duration is based on the length of the marriage. The law sets maximum timeframes for this support:
  • Short-term marriages (less than 10 years): Alimony may not exceed 50% of the marriage's length.
  • Moderate-term marriages (10-20 years): Alimony may not exceed 60% of the marriage's length.
  • Long-term marriages (20 years or more): Alimony may not exceed 75% of the marriage's length.

Our firm is fully up-to-date on all these legal changes. We have a deep understanding of Florida Statute § 61.08 and the factors judges consider when making an alimony determination. The role of a skilled alimony lawyer in Daytona Beach is to meticulously prepare your case to meet the new statutory requirements and present a compelling argument on your behalf, whether you are the payer or the recipient.

Key Factors That Determine Alimony in Florida

The court must evaluate several important factors before deciding whether to award alimony:

• The duration of the marriage
• The standard of living established during the marriage
• The age of both parties
• The physical, mental, and emotional health of each party
• The financial resources of both spouses
• The present and future earning capacities of both spouses
• The time the receiving spouse needs to regain employment or self-support
• The contributions each spouse made to the marriage

Courtrooms in Volusia County, including Daytona Beach, often require comprehensive documentation of career decisions, care responsibilities, and other contributions to marital life to adequately assess a fair alimony outcome. Judges recognize that no two marriages are the same, and may factor in local economic realities such as the cost of living in Daytona Beach. 

It's essential to present thorough, accurate information and partner with an alimony attorney familiar with both Florida statutes and the unique perspectives of Volusia County courts. Our team leverages experience with local judges to address pertinent issues and present your case in the strongest light possible.

The Florida Alimony Process

The process of obtaining or defending against an alimony request is an integral part of the larger divorce proceeding. It requires a strategic approach from the very beginning. Our firm guides our clients through each step, ensuring we are prepared for every potential challenge.

1. Initial Request: Alimony must be requested in the initial divorce petition or response. It is not automatically granted. Our alimony lawyer in Daytona Beach will ensure this is properly done to protect your rights.
2. Discovery: This phase involves the exchange of financial information, including bank statements, tax returns, pay stubs, and retirement account information. We meticulously review all documents to understand the full financial picture of both parties.
3. Mediation: In Florida, parties are often required to attempt mediation to resolve their disputes before going to trial. Our attorneys are skilled negotiators and will work to reach a fair settlement that protects your interests without the need for a protracted and costly trial.
4. Hearings and Trial: If a settlement cannot be reached, the case will proceed to a hearing or trial. Our team has the courtroom experience necessary to present a compelling case to the judge. We will use our collective experience to present evidence and testimony to support your position on need and ability to pay.

Because we are former prosecutors, we are adept at analyzing complex financial information and presenting it clearly and persuasively in court. This background gives us a unique edge when it comes to litigation, allowing us to anticipate the opposing counsel’s arguments and build a more strategic case for our clients. Our ability to serve as a formidable Daytona Beach alimony lawyer is a testament to our comprehensive approach.

Modifications and Termination of Alimony

Florida courts also recognize that personal and financial circumstances can change over time. Alimony determinations made during divorce negotiations may eventually become obsolete or unfair due to evolving needs or situations. Fortunately, Florida law allows parties to request modification or termination of alimony when substantial changes occur. 

Grounds for modification may include:

• Substantial Change in Circumstances: This could be a significant and permanent change in either party's financial situation, such as a job loss, a major increase or decrease in income, or a serious health issue.
• Remarriage: The remarriage of the recipient spouse generally terminates alimony payments.
• Supportive Relationship: If the recipient spouse enters into a supportive relationship akin to marriage, the paying spouse can petition the court to modify or terminate the alimony obligation.

At Buckmaster & Ellzey, our Daytona Beach alimony attorneys will review your circumstances and, where appropriate, help collect evidence to develop a compelling argument for modification. If successful, the court may issue a new order that better matches your current needs.

Our Comprehensive Approach to Alimony Cases

At Buckmaster & Ellzey, we approach every alimony case with the same level of dedication and strategic thinking. Our 40+ years of collective experience and our background as former prosecutors give us a significant advantage. We know that the financial security of our clients is paramount, and we are tireless in our efforts to protect their best interests.

Our approach includes:

• Thorough Financial Analysis: We work with you to meticulously analyze all financial documents, including income, assets, debts, and expenses, to build a clear picture of your financial needs or ability to pay.
• Strategic Negotiation: Our firm believes in achieving the best possible outcome for our clients. We are skilled negotiators who will work tirelessly to reach a fair settlement outside of court.
• Aggressive Litigation: If negotiation fails, we are not afraid to go to court. We are seasoned litigators who will present your case forcefully and compellingly to the judge.
• Client Communication: We believe that informed clients make the best decisions. We keep you updated on every development in your case and are always available to answer your questions.

Whether you are seeking a fair alimony award or need to defend against an unreasonable demand, our alimony lawyer in Daytona Beach is here to advocate for you. We take your case personally and are dedicated to helping you achieve a positive and secure financial future.

Contact Our Alimony Attorney in Daytona Beach Today

At Buckmaster & Ellzey, we are dedicated to helping our clients plan a financially sound future after divorce. If you are seeking a fair spousal support award or need to pursue modifications to an existing alimony order, reach out to our Daytona Beach alimony lawyers. Our family law team represents the interests of both paying and receiving spouses throughout every stage of the process.

Contact Buckmaster & Ellzey or call (888) 785-6548 today to get started with our Daytona Beach alimony lawyer.

Frequently Asked Questions

Can alimony orders be enforced if my ex-spouse stops paying in Daytona Beach?

Yes. Alimony orders in Daytona Beach are legally binding, and if a spouse fails to pay, courts can enforce compliance through wage garnishment, direct payment deductions, or even contempt proceedings that may result in fines or jail time. To begin enforcement, a motion must be filed with the court, and working with an attorney ensures the process is handled efficiently.

Is alimony taxable in Florida?

For divorces finalized after December 31, 2018, alimony is no longer considered taxable income for the recipient nor deductible for the paying spouse. Older agreements may follow previous tax rules, so it is important to review your order with a knowledgeable attorney to avoid complications.

How long does it take to receive or modify alimony in Daytona Beach?

The timeline depends on whether the case is contested or uncontested. Agreements reached through negotiation or mediation may be finalized within weeks, while contested matters can take several months. Modifications follow a similar process, with cooperative cases resolved faster than disputed ones.

What happens if my ex-spouse files to reduce alimony payments?

If your ex-spouse petitions to lower payments, the court will review whether there has been a significant change in circumstances. You have the right to challenge the request and present evidence to maintain the current order if reduction is not justified.

Does remarriage affect alimony in Daytona Beach?

Yes. If the recipient spouse remarries, alimony generally terminates automatically under Florida law. In some cases, even cohabitation with a new partner can provide grounds to modify or end alimony if financial support is evident.

Can temporary alimony be awarded while a divorce is pending?

Yes. Courts often award temporary alimony during divorce proceedings to ensure that the lower-earning spouse has financial support until the final judgment is issued. Once the divorce is finalized, the court may replace temporary orders with permanent or durational alimony.

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