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813-205-6675Trusted Spousal Support Mediator in Tampa Bay, Florida
At Reineke Mediations, our Tampa Bay alimony mediator, Beth Reineke, is more than a Florida Supreme Court Certified Divorce Mediator. Drawing on more than 30 years of experience litigating, mediating, and settling divorce cases in the Tampa Bay Area, she has a degree in finance from the University of South Florida.
This allows an experienced courtroom lawyer like Beth Reineke to bring legal knowledge, financial experience, and practical insights to the alimony mediation process that non-attorney mediators do not.
This is important to Florida residents seeking alimony or being asked to pay alimony because much has changed in how the state’s family courts view the necessity of awarding financial support to one spouse after a divorce.
The new Florida alimony statute, Senate Bill 1416, effective July 1, 2023, represents a significant step in the evolution of family law in the state. Attorney Reineke has outlined the bill’s details in an easy-to-understand format to help divorcing spouses throughout Florida understand the alimony changes, how they might impact eligibility for an award of alimony, and what may be the applicable duration of an alimony award.
What Factors Determine Whether a Florida Family Law Judge Will Award One Florida Spouse Alimony?
In Florida, family law judges consider various factors outlined in state law when determining whether to award alimony to one spouse. These factors help the court assess the financial needs and abilities of both spouses and other relevant circumstances.
Some of the key factors include:
- Financial Need
The court first evaluates the requesting spouse’s financial needs, considering their actual income, their earning capacity, the assets and liabilities distributed to them, and the standard of living established during the marriage. If the court determines that the requesting party lacks a need for alimony the analysis stops there.
- Ability to Pay
Once the requesting spouse has demonstrated a need for alimony, the court examines the other spouse’s ability to pay alimony. The court considers the other party’s income, assets, earning capacity, assets awarded, and financial obligations, including prior court-ordered child support and alimony payments related to a prior case.
- Duration of the Marriage
Longer marriages are generally more likely to be awarded alimony. Florida law recognizes short-term, moderate-term, and long-term marriages, and the duration of the marriage can influence the type and duration of alimony awarded. With the new Florida alimony law changes, durational alimony may not be granted for a marriage of less than three years.
- Earning Capacity
The new statute permits the court to combine different types of alimony to achieve an equitable result. If one spouse has significantly lower earning capacity or job skills compared to the other, the court may award additional alimony to help support them while they seek education, training, or employment opportunities to enable them to become self-supporting before the termination of another type of alimony award. This type of alimony is called Rehabilitative Alimony. An award of Rehabilitative Alimony may not exceed 5 years.
- Contributions to the Marriage
The court considers each spouse’s contributions to the marriage, both financial and non-financial. This includes factors like homemaking, child-rearing, supporting the other spouse’s career or education, and sacrifices made for the family’s benefit.
- Caregiving Responsibilities for Children
The court will consider the responsibilities each party will have post-divorce about any minor children that the parties have in common. Special consideration is given to the care needs of a child with a mental or physical disability.
- Age and Health
Each spouse’s age and health are considered. This includes assessing whether one spouse is elderly or in poor health and unable to work, which may impact their need for financial support.
Overall, the decision to award alimony in Florida is based on carefully considering these factors to ensure fairness and equity between the spouses involved. However, court decisions may not always reflect individual couples’ unique circumstances and needs. This lack of flexibility can result in outcomes that do not fully address the complexities of the spouses’ situations.
Alternative dispute resolution methods like mediation can offer spouses more control, flexibility, and efficiency in resolving their alimony issues outside of court. We can help. Contact skilled Tampa Bay area alimony mediator Beth Reineke to discuss your mediation needs today.
Why Should Florida Residents Seek Alimony Mediation Over Litigation?
At Reineke Mediations, our skilled Tampa Bay area mediator understands that financial stability becomes an essential focus for both spouses during a Florida divorce. With the latest changes to Florida’s alimony laws, solutions come from experience.
While temporary alimony may be granted early in divorce proceedings to provide interim support for the non-moneyed spouse, alimony is usually decided after issues of child custody, child support, and property division have been settled or determined.
With over three decades of family law mediation and litigation experience, Beth Reineke understands the law, the facts and figures, and available options that the court would consider and realizes when and why negotiations break down.
Among other substantial benefits of alternative dispute resolution, mediation can help preserve the relationship between the parties involved and foster a cooperative atmosphere rather than an adversarial one. This can help determine the final aspects of your divorce and allow you to move forward confidently.
Despite the latest changes to Florida’s alimony laws, couples can craft creative and customized solutions addressing financial support issues through mediation by considering circumstances not addressed by Florida’s legal statutes and court precedents and finding solutions tailored to their unique circumstances.
If you have additional questions about your eligibility to pursue alimony during a Florida divorce, contact us today to learn how mediation can help preserve your relationship and produce solutions.
Beth Reineke is a Florida Supreme Court-Certified Divorce Mediator. Drawing on more than 30 years of experience litigating, mediating, and settling divorce cases in the Tampa Bay Area, she conducts virtual and in-person mediations for families in Hillsborough, Pinellas, and Pasco Counties. She provides free phone consultations for Florida spouses to help get mediation started.
