Sarasota Spousal Support Lawyer

Spousal Support FAQs

These are several of the most common questions Tobaygo Law receives about spousal support.

What is spousal support?

Spousal support is a type of financial support meant to assist a lower-wage-earning spouse after the divorce is finalized. The amount is determined by the court after impartially dividing all assets and liabilities from the marriage. It’s frequently referred to as alimony in Florida.

Will I have to pay spousal support?

It depends on what is decided during the divorce proceedings. If the court determines one spouse has a need for spousal support and the other spouse has the ability to pay, then the court will establish the type and amount of spousal support. A skilled alimony attorney with Tobaygo Law will discuss your case with the court in a way that puts your needs and interests first so a fair determination can be made.

Who determines how much spousal support is owed?

The judge handling the divorce makes the determination. Once it’s determined that there is a need for and an ability to pay spousal support, the judge looks at relevant factors outlined in § F.S. 61.08. However, there are no actual numbers to use as guidance, so the specific amount owed is the judge’s decision.

Can I modify my spousal support payments?

It depends on the type of spousal support awarded in the divorce decree. Most types of spousal support in Florida can be modified if certain conditions and/or circumstances are met. An alimony lawyer with Tobaygo Law can review your case and determine if a modification is possible.

Will I go to jail if I don't pay spousal support?

Perhaps. Spousal support is a court order that comes with several avenues for enforcement, including time in jail and fines. Other means of enforcement include a judgment lien, writ of execution, and writ of garnishment, which is more commonly known as wage garnishment.

Can I be arrested for late spousal support payments?

Possibly. The same avenues of enforcement for not paying spousal support may also be used to collect late spousal support payments. An experienced Sarasota divorce attorney can help by reviewing your case and, if possible, submitting a request for a spousal support modification.