Alimony Lawyers in Clearwater, FL
Advocating for Fair Spousal Support in Pinellas County
At McGuire Megna Attorneys, we understand that divorce is not just the end of a relationship—it’s the beginning of a major financial transition. One of the most important and emotionally charged aspects of this process is determining whether alimony, or spousal support, should be awarded. Alimony is intended to help one spouse maintain financial stability after divorce, especially if they’ve been financially dependent or made personal sacrifices for the benefit of the marriage. Whether you are seeking spousal support or being asked to pay it, our experienced Clearwater alimony attorneys will advocate for a fair and just outcome based on your unique situation.
Florida’s alimony laws are complex, and recent legislative changes have made the landscape even more nuanced. Courts now take a more tailored approach, considering a range of statutory factors like length of marriage, earning ability, and contributions to the household. Whether your marriage was short or long, whether you’re a stay-at-home parent or the higher earner, we guide you through the legal process with clarity, strategy, and compassion. Our firm has helped clients across Pinellas County—including Clearwater, Dunedin, Largo, and St. Petersburg—understand their rights, protect their interests, and plan for a stable financial future.
At McGuire Megna Attorneys, we believe that no two alimony cases are alike. Some clients may need temporary assistance while they re-enter the workforce, while others may require longer-term financial support due to age, health issues, or long-standing income gaps. Our goal is to ensure that you’re not left financially vulnerable—or unfairly burdened—after your divorce. With over two decades of trusted family law experience in Florida, we offer skilled legal representation, thoughtful advice, and dedicated support throughout every stage of your case.
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Types of Alimony in Florida
Florida law recognizes several types of alimony, each designed to meet specific needs depending on the circumstances of your case:
Permanent Alimony: Provides long-term support when one spouse cannot become self-sufficient due to age, disability, or long-standing financial inequality.
Rehabilitative Alimony: Helps a spouse get education or training to return to the workforce and become financially independent.
Bridge-the-Gap Alimony: Short-term support to help a spouse transition from married to single life.
Durational Alimony: Offers financial support for a set period after a moderate or short-term marriage.
Temporary Alimony: Awarded during the divorce process and ends when the final judgment is entered.
Courts may order these forms of support to be paid as monthly (periodic) payments, lump sums, or a combination of both, depending on the case specifics.
How Florida Courts Determine Alimony
When determining whether alimony is appropriate, the court considers multiple factors under Florida Statute 61.08, including:
- Duration of the marriage
- Standard of living during the marriage
- Financial resources and liabilities of each party
- Earning capacities and employability
- Age, physical, and emotional condition of each spouse
- Each spouse’s contribution to the marriage (including homemaking and career sacrifices)
- Responsibilities for minor children
The judge will weigh all economic circumstances to reach a fair and equitable support decision. The court must also make specific factual findings about its decision—ensuring transparency and the ability to modify, if necessary, in the future.
How Florida Courts Determine Alimony
Florida law allows for alimony to be modified or terminated when there’s been a substantial change in circumstances. This could include:
- A change in income or employment status
- Retirement
- The recipient spouse entering a “supportive relationship” or cohabitation
- Serious illness or disability affecting either party
Courts may reduce, increase, or terminate alimony based on the new facts presented. However, retroactive changes are not typically allowed—so prompt legal action is essential.
Can You Waive or Set Alimony in a Settlement?
Yes. Alimony can be addressed in a Marital Settlement Agreement. Couples may negotiate and agree on spousal support terms, including waiving alimony entirely. These agreements are typically incorporated into the final judgment of divorce and carry the full weight of a court order.
If you’re considering waiving or agreeing to alimony, it’s crucial to consult a knowledgeable attorney to avoid future legal complications or financial hardship.
Enforcement of Alimony Orders
If your ex-spouse isn’t paying court-ordered alimony, you can petition the court for enforcement. Penalties may include wage garnishment, contempt of court, fines, and even jail time in extreme cases. At McGuire Megna Attorneys, we help you take swift legal action to recover what you’re owed.
Jurisdiction for Alimony in Florida
Florida courts can award alimony during divorce proceedings and in some cases where no divorce is filed, under Florida Statute 61.09. However, courts must either be petitioned for alimony or have jurisdiction explicitly reserved in a previous judgment to consider awarding it in the future.
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Whether you need to seek spousal support, challenge an alimony demand, or modify an existing order, we are here to protect your rights and financial future. With decades of experience and in-depth knowledge of Florida family law, McGuire Megna Attorneys is the trusted name in Clearwater for compassionate, strategic legal representation.
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Frequently Asked Questions
Navigating spousal support in Florida can feel overwhelming, especially with evolving laws and complex financial factors at play. Whether you’re seeking alimony, being asked to pay it, or simply trying to understand your rights after divorce, it’s natural to have questions. At McGuire Megna Attorneys, we’ve compiled answers to the most common alimony questions we hear from clients across Clearwater and Pinellas County. From eligibility and duration to modification and termination, our FAQs are here to give you clarity and peace of mind as you move forward.
Alimony is spousal support meant to assist a former spouse financially, while child support is for the benefit of the children. Alimony can be negotiated or ordered based on financial need and marriage duration.
Yes. Florida law allows either spouse to request alimony, regardless of gender. The court focuses on need and ability to pay.
Generally, a marriage lasting 17 years or more is considered long-term. This can affect the likelihood and duration of a permanent alimony award.
There is no set minimum, but the longer the marriage, the greater the likelihood of receiving long-term or permanent alimony.
If the recipient spouse is in a financially interdependent relationship with someone else (even if not remarried), the court may reduce or terminate alimony.
Yes, if there’s been a substantial change in circumstances, such as job loss, retirement, or remarriage of the receiving spouse.
You can file a motion to enforce the court order. The court may impose fines, wage garnishment, or even jail for noncompliance.
For divorces finalized after January 1, 2019, alimony is no longer tax-deductible for the payer or reportable as income by the recipient under federal law. However, it may still impact certain state benefits.