Marriage is a trust that you enter into with your partner, having certain expectations. One of those expectations is that they will be faithful to you, and when that doesn't happen, you shouldn't have to pay for it. Alimony lawyers in Jacksonville, Gainesville, Fleming Island, Daytona and Boca Raton can help you protect your assets and avoid or minimize alimony payments when your partner is unfaithful to you, as well as help you through the complicated web of divorce proceedings.

What Defines Alimony & Adultery?

Before you can understand how best to proceed with your divorce suit, you should first have a clear definition of what adultery is, as well as be aware of how alimony works exactly. Alimony is money that one party pays to another in order to afford them cost of living and avoid financial hardship as a result of the divorce. It is paid on top of any child support that has been ordered or agreed upon. Alimony is also in addition to any division of property that takes place as a result of the divorce proceedings.

As far as the legal definition of adultery, it is a little more complicated, because the exact definition may vary from state to state. The act of adultery is generally defined as a sexual relationship or intercourse between two people who aren't married when at least one party is married (to another person). In some states, the incident only needs to happen once, while in others there must be a pattern of adulterous behavior.

How Much Alimony Will You Have to Pay?

In Florida, alimony lawyers in Jacksonville, Gainesville, Fleming Island, Daytona or Boca Raton can help you determine if your case meets the state definition. Whether alimony is awarded, and how much, is determined by many different factors that include whether or not adultery occurred, the financial state of both parties, and the length of the marriage among others.

Each case is different; the unique factors in your case will determine how much, if any, alimony you will be required to pay. A major factor that will be considered is how much of a financial burden the affair has had on the family finances. For example, if the spouse who was cheating spent money on hotel rooms, gifts or other purchases to further the adultery, this will be taken very seriously by the court. 

What Type of Alimony Will Be Awarded?

In Florida, there are a couple of different types of alimony that can be ordered. Each one works a little bit differently, and the judge will consider all of the available options when determining what kind of alimony is most appropriate for your case. Your attorney should be able to give you a strong recommendation on which types are possible or likely. 

Permanent Alimony: This type of alimony requires that the paying spouse be responsible for a portion of the other spouse's financial needs for the rest of either of their lives. This generally is only awarded in marriages that have lasted a long time - at least seventeen years. The alimony continues unless the financial circumstances of either spouse change drastically. 

Temporary Alimony: Temporary alimony, also called "bridge-the-gap" alimony is intended as a measure to allow the spouse receiving it to transition to life as a single person. This temporary alimony can only last up to two years and is not able to be altered in any way, either by the paying spouse asking for a decrease in the amount or duration or by the receiving spouse asking for an increase. 

Rehabilitative Alimony: This type of alimony is similar to bridge-the-gap alimony in that it is intended as a temporary measure until the receiving spouse gets back on their feet, but it is also alimony with a purpose. It allows the receiving spouse a specific amount of money to train for a job, finish a college degree, start a business or set up some other way to support themselves. This requires that the receiving spouse make a comprehensive plan and follow it in order to receive the money. 

Durational Alimony: This is a new type of alimony in Florida, and is intended for short term or medium term marriages. It is usually awarded when permanent alimony is not desired by the judge but when alimony is necessary to allow the receiving spouse time to get their finances in order. Durational alimony will not last longer than the term of the marriage and may be modified if the financial circumstances of either party change considerably.

You can ask alimony lawyers in Jacksonville, Gainesville, Fleming Island, Daytona or Boca Raton about this and other type of alimony. Kenny Leigh and Associates can answer all of your questions.  We serve men only in Northeast Florida and South Florida.