Alimony Lawyer in Orlando

Name: Alimony
Brand: O’Mara Law Group
Rating: 4.5 (71 reviews)

Facing divorce when you are not the primary income earner can be a frightening prospect. An experienced Orlando alimony attorney from the O’Mara Law Group can anticipate your needs during this time and ensure your alimony award affords you financial stability after the divorce.

Securing Fair Spousal Support with O’Mara Law Group

The state of Florida recognizes that divorcing spouses are entitled to a fair and equitable distribution of the income and assets they jointly gained during the marriage. Alimony is one method the court uses to accomplish this goal. At the O’Mara Law Group, we are here to help you through a challenging experience. Our alimony lawyers in Orlando have 40 years of experience assisting couples with divorce and settling spousal support issues. Our offices are located in Orlando. Call us today to discuss your case with our board-certified family law attorney.

Experienced Alimony Attorneys in Orlando

Founded by Mark O’Mara, a Supreme Court Certified Family Mediator, the O’Mara Law Group is an experienced team of alimony lawyers to help you safeguard your financial future. One of only 275 board-certified marital and family attorneys in Florida, Mark O’Mara and his team take a compassionate and personal approach to our clients, tailoring our services to each situation.

Firm founder Mark O’Mara is a Supreme Court Certified Family Mediator.
Mark O’Mara is one of only 275 board-certified marital and family attorneys in Florida.
Our team has 40 years of experience handling divorce and alimony cases.

Mark Rabinowitz has been board-certified in marital and family law in Florida since 1999—a rare legal qualification earned by only a small percentage of attorneys in the state. He has served on the Marital and Family Law Certification Committee of The Florida Bar and as a Family Law Rules Committee member.

What Is Alimony?

The court orders one spouse to pay alimony to the other spouse after divorce or marital separation. Changes in Florida law do not allow for durational spousal support in marriages lasting three years or less. Alimony can be paid in periodic payments or as a lump sum. The court may require either party to purchase a life insurance policy to protect the alimony award.

The purpose of alimony is to ensure the receiving spouse has the necessary financial resources to enjoy a standard of living similar to what they enjoyed during the marriage.

Florida Alimony Laws

Alimony is not automatically awarded in divorce proceedings in Florida, and either spouse may be ordered to pay alimony based on the financial circumstances of both spouses. Before alimony can be awarded, the court must establish whether one party needs alimony and whether the other party can pay it. The court considers the standard of living enjoyed during the marriage and the duration of the marriage, which is categorized as follows:

Short-term marriage: Less than seven years
Moderate-term marriage: Greater than seven years but shorter than 17 years
Long-term marriage: 17 years or greater

Other issues that will be considered include the following:

The age of each party, with additional considerations in a gray divorce
Each party’s physical and emotional health
Each party’s income and financial resources
Each party’s earning capacity
Education
Vocational skills
Employability
The time necessary to improve earning capacity
Each party’s contribution to the marriage
Homemaking or childcare provided by one spouse so the other could work
Support of one spouse by the other in building a career or business
Each party’s parenting responsibilities
The tax consequences to both parties of an alimony award
Adultery by either spouse
Any other factor that pertains to equity and justice

Our Orlando divorce and alimony attorneys have decades of experience fighting for the financial well-being of clients just like you. Schedule a consultation with our team to better understand Florida’s marital support laws.

What Is the Maximum Alimony Award?

The state does not set a maximum. However, when determining an alimony award, the court must ensure the paying party’s remaining income is not significantly lower than the resulting income of the receiving party unless warranted by documented exceptional circumstances.

How Are Alimony Payments Enforced?

Alimony payments can be made directly to the recipient or through the state depository. If payments are not made when due, the receiving party can report delinquent payments to the state depository for enforcement. If payment is made through the state depository, this will be handled automatically.

Delinquent alimony payments can be collected by court order through wage garnishment if necessary. If the failure to pay alimony is due to a lack of ability, the burden of proof is on the payor. The court can order the payor to seek employment or hold them in contempt in these cases.

Alimony is awarded based on need. When the payor fails to provide payments, it can dramatically impact the recipient’s life. If you are facing this circumstance, an experienced alimony lawyer at the O’Mara Law Group can help you enforce the order so that your financial health is not derailed.

Get the Legal Help Your Need Now.

Types of Alimony in Florida

Due to the wide range of circumstances accompanying a divorce, Florida law allows courts to order one or a combination of four types of alimony.

Bridge-the-Gap Alimony

Bridge-the-gap alimony is awarded to assist the receiving party with transitioning from marriage to divorce when the court has identified specific short-term needs. It may be awarded if you have temporary special needs or have been out of the workforce for some time. It cannot be awarded for more than two years.

Rehabilitative Alimony

Rehabilitative alimony is a form of spousal support intended to provide a divorcing spouse with financial assistance for a while to help them become financially independent again. Such alimony can help a spouse to redevelop a previous skill or credential or acquire a new skill or educational qualification. In some marriages, a spouse may step back from pursuing their career or furthering their education to care for children. When a divorce happens, this spouse may be unable to support themself.

Rehabilitative alimony provides a means through which a divorcing spouse can develop a rehabilitative plan to become self-sufficient again and can alleviate the financial strain stay-at-home moms may experience in a divorce. Rehabilitative plans may include returning to school to get a degree or acquiring an additional skill set.

A divorcing spouse may qualify for rehabilitative alimony even if they have a job as long as their income cannot provide them with the standard of living they had during the marriage. The court can award rehabilitative alimony to help the receiving spouse improve themselves and increase their income. Florida courts require a definite rehabilitative plan before awarding rehabilitative alimony. So, if you seek this type of alimony, you must present a specific plan to achieve financial independence. Rehabilitative plans may cover the following:

The skills you want to acquire
The degree or certification you plan to pursue
The college you plan to attend or that has admitted you
The cost of getting the degree or paying for training to help you get re-licensed
The likely duration of getting the education and starting a career, including specific milestones
Career prospects, including how you intend to pursue them

Your rehabilitative plan needs to provide enough detail and evidence to support the award of rehabilitative alimony. Fortunately, a rehabilitative alimony attorney can help you develop one that meets the court’s requirements.

Durational Alimony

Durational alimony is ordered for a set time after short-term and medium-term marriages or long-term marriages when permanent alimony is inappropriate or unneeded. Durational alimony cannot be ordered for a period that exceeds the length of the marriage.

Permanent Alimony

Permanent alimony is awarded to provide for the needs of the receiving party that were established during the marriage when the party cannot self-support, usually after a long marriage. Permanent alimony can only be awarded if the court finds no other type would be fair or reasonable.

Although rare, permanent alimony may be awarded after a medium-length marriage with clear and convincing evidence of its appropriateness and after a short marriage with exceptional circumstances that are documented. Permanent alimony can only be modified if substantial changes in circumstances occur.

Testimonials

What Our Clients Say

Compassionate Assistance

The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.

N.L.

Exceptional Service

Mark O'Mara and his office provided excellent service, demonstrating professionalism and personal attention to all my details of my cases. He is one of the best in his field as a criminal and family attorney. He is honest, direct, and he always does his best for his client.

K.M.

Support in Family Law

Mr. O’Mara and his entire staff, especially Alyssa, were absolutely impressive with everything. Very efficient and punctual; their understanding of every little detail was way beyond expectations. Honestly, this law group has made a major difference in my life.

K.R.

Expert Guidance in Family Law

I can't thank Mr. Thompson and his team enough for their outstanding support. From the very first meeting, Sarah was incredibly knowledgeable and attentive. They handled every aspect of my case with such professionalism and care. This legal team truly changed my life.

B.M.

Dedicated to Fighting Your Cause

Knowing Mark O’Mara as an attorney who has represented me for the past 23 years and has also been a friend… I can say that Mark is not only dedicated to fighting your cause, but his team shares that same dedication. When you call his office the girls at the front desk always strive to assist you. As for the rest of his team they are committed to winning the best...

R.M.

Nothing Short of Amazing

Mr O’Mara and the entire staff were nothing short of amazing. Mr. O’Mara knew exactly what we needed to do and has even offered additional advice for any future risks. This was all new for me and they walked me through everything step by step and were very patient and most of all responsive and caring. THANK YOU!!!

G.G.

They Are Top Notch!!!!

I cannot express the gratitude I have for Mark O’Mara, Susan and their firm. I had a very difficult custody situation and they guided me towards the best decisions and fought for me. I highly recommend O’Mara Law Group. They are top notch!!!!

M.M.

Such a Professional and Personable Firm.

Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!

S.D.

I Am Truly Proud

By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A.

M.H.

Way Beyond Expectations

Mr. O’Mara and his entire staff especially Alyssa were absolutely impressive with everything. Very efficient and punctual and the overall understanding of every little detail was way beyond expectations. Honestly this law group has made a major difference in my life and helped me through many obstacles associated with owning multiple businesses and continue to do so in...

N.L.

They Were Ready to Fight the Fight

When I went in for my consultation with Mark and Caitlin, I was in a state of total devastation. They lifted the burden and took away the stress of my situation by making me feel completely taken care of. They were ready to fight the fight I didn’t have the emotional strength to do so on my own. I have and will continue to recommend their law group to anyone needing le...

M.S.

Mark Omara was GREAT

Mark has represented me and I hate to say 2 family members of mine, all 3 times mark has delivered success. He has to be the best lawyer I have ever dealt with, he is caring of the situation and of your fears in facing legal matters , he made us feel comfortable , safe and protected. Surprisingly he never made me feel down on myself for stupid things I created that lead to h...

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Is Alimony Taxable?

According to the Internal Revenue Service (IRS), alimony ordered before January 1, 2019, is taxable income to the recipient. However, alimony ordered after January 1, 2019, is not taxable under newer rules.

Is Alimony Tax Deductible?

Before January 1, 2019, court-ordered alimony was deductible when income was reported to the IRS. However, any payments ordered after January 1, 2019, are not tax-deductible, including any modifications after this date.

How Long Does Alimony Last?

The duration of alimony payments varies based on the type of alimony ordered and is specific to each case. Alimony generally terminates upon the death of either party or the remarriage of the receiving party. In addition, alimony may also be modified or terminated if the receiving party enters into another supportive relationship wherein support benefits similar to marriage are provided.

Can Alimony Payments Be Adjusted?

Alimony can be adjusted if the type of alimony awarded is adjustable and there is a substantial change in the circumstances of either party. Under Florida statute 61.14, alimony modifications can take the form of increased or decreased payments, termination of alimony, adjustments in the duration of the alimony, and conversion of one type of alimony to another.

Bridge-the-gap alimony may not be modified in either duration or amount. Durational alimony can be modified in amount but not in duration. Rehabilitative alimony may be converted to another form upon completing the rehabilitation plan.

Substantially changed circumstances that affect the payor’s ability to pay or materially change the recipient’s needs can warrant a payment adjustment. Examples of changed circumstances affecting either the paying or receiving party include, but are not limited to:

Loss or gain of employment
Onset of a disability
Retirement
Increase or decrease in income

How Long Does Rehabilitative Alimony Last in Florida?

In determining the duration of rehabilitative alimony, Florida courts will consider the specific needs and circumstances of the receiving spouse. Courts can look at the rehabilitative plan, educational background, work experience, and the time the spouse needs to achieve financial independence. The order awarding rehabilitative alimony will specify the payments’ duration, but any spouse can ask the court for a modification under certain circumstances.

If the receiving spouse regains financial independence, remarries, or fails to follow the rehabilitative plan, the paying spouse can ask the court to terminate the alimony order. Also, if the receiving spouse does not regain the ability to self-support by the end of the specified period due to circumstances beyond their control, they can ask the court to extend the order.

Installments or Lump Sum?

The divorcing couple can decide whether payment of the rehabilitative alimony will be in installments or a lump sum payment. The court can also order a specific payment type based on certain circumstances.

For instance, the court can order a lump sum payment if the paying spouse has the means, and the recipient needs a considerable amount to cover education or training costs. The lump sum can also cover any expenses the supported spouse will incur before they become financially sufficient.

However, if the court orders periodic payments, the order will indicate the payment cycle—whether monthly, quarterly, or yearly. In determining the amount and cycle, the court will consider the recipient’s needs and the paying spouse’s income.

The court may also order lump sum and periodic payments in appropriate circumstances. For instance, if the receiving spouse needs to get a degree, a lump sum payment may cover initial tuition, while recurring payments will support the receiving spouse until they get a job and can pay their bills.

Can I Keep Collecting Rehabilitative Alimony if I Marry?

No. The obligation to pay periodic alimony in Florida automatically ends once the recipient remarries. The paying spouse does not need a court order before they can stop payment. Once the marriage has taken place, they can stop making alimony payments. However, if there’s an existing lump sum alimony payment or property transfer you haven’t received, you’re still entitled to receive it even after you remarry.

Does Cohabitation Affect Alimony Payment?

Yes, cohabitation can affect alimony payment in certain circumstances. On request of a paying spouse, Florida courts can modify or terminate alimony when the receiving spouse begins cohabiting with another person. Cohabitation often creates a financially supportive relationship that mimics a marital relationship. The reasoning is that if a marriage can lead to termination or modification of alimony, and cohabitation creates a similar relationship, it may be fair to terminate or modify alimony. Florida courts consider many factors to determine if the relationship between the supported spouse and the cohabiting partner is enough to modify or terminate the alimony, including the following:

Whether the cohabiting partners act as a married couple, such as by using the same last name or mailing address
How long the partners have lived together
How much financial help the cohabitant and the receiving spouse provide to each other
The extent of the work the cohabitant and the receiving spouse have done together, or whether one has worked for the other’s company
Whether the cohabitant and the receiving spouse have bought property together
Whether the cohabitant and the supported spouse have taken care of each other’s children, even if it was a legal duty
Any other factors showing a supportive relationship between the cohabitant and the receiving spouse

Is it Tax Deductible?

The date you finalized your divorce determines how the Internal Revenue Service treats alimony. If your divorce or separation was finalized before 2019, then alimony payments are generally tax-deductible by the paying spouse but taxable income for the receiving spouse. However, The Tax Cuts and Jobs Act of 2017 changed the tax treatment of alimony payments for divorces finalized after December 2018. Under the new tax law, alimony payments for divorces finalized after 2018 are no longer tax deductible for the paying spouse. Also, the receiving spouse must no longer report it as taxable income.

Why Should I Choose an Alimony Attorney at the O’Mara Law Group?

The divorce process is emotionally charged and contentious, but the experienced alimony attorneys at the O’Mara Law Group know how to diffuse the tension and mediate an equitable solution. Mark O’Mara, founder of the O’Mara Law Group, is a Supreme Court Certified Family Mediator and one of only 275 board-certified marital and family lawyers in Florida. Most alimony cases are settled without the necessity of litigation. Early settlement is usually in the best interests of both parties because it takes less time and is less expensive. However, our alimony attorneys are skilled litigators who can provide strong advocacy if litigating your case in court becomes necessary.

Our central Florida law firm has built its reputation on helping good people through difficult situations. Our alimony attorneys are compassionate and understanding and understand the high stakes for those who are undergoing a divorce.

Being a spouse with fewer financial resources does not mean you must go through your divorce without a powerful advocate to protect your rights and interests. Consult an Orlando alimony lawyer today for experienced representation.