Divorce Mediation

Divorce is never an easy decision to come to. To make the decision to separate two lives can be consuming to both parties not only emotionally, physically, but also financially. Deciding to mediate the issues and to work on a resolution that both parties can work with is the best decision that a couple can make for their future.

The best benefit of mediation is, that regardless of the outcome, the parties are the ones that have the control. Control of their finances, their children, and their futures. Litigation will only lead to a Judge, which is a complete stranger to your family, making all of the decisions that may not work for the individual family, but is based on the law.

Along with the control, financial aspect is an important factor. Litigating a divorce case can cost thousands, sometimes tens of thousands to run through a complete divorce. Taking any amount of time until the case is finalized.

Mediation discussions are completely confidential, except in the case of a settlement. Any discussions that happen in mediation stay in mediation and do not become part of the public record as they will in court proceedings. This allows the parties to keep their private issues private and not have to worry about airing out any dirty laundry that may have occurred during the course of the marriage.

Alimony Florida Statute 61.08

Understanding alimony and all aspects around alimony are important when mediating any case. In Florida, there are several types of alimony that a court may award based on either party’s actual need of alimony and either party’s actual ability to pay alimony. Alimony can be in the form of bridge-the-gap support, rehabilitative support, durational support, permanent support and/or lump sum alimony, or in any combination of the above.

The courts shall consider all relevant factors, including but not limited to the following when determining the type of alimony:

• The standard of living established during the marriage.
• The duration of the marriage.
• The age and the physical and emotional condition of each party.
• The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
• The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
• The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
• The responsibilities each party will have with regard to any minor children they have in common.
• The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
• All sources of income available to either party, including income available to either party through investments of any asset held by that party.
• Any other factor necessary to do equity and justice between the parties.

 

For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony shall not be modifiable in amount or duration.

Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:

1. The redevelopment of previous skills or credentials; or

2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.

(c) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.

 

Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

 

Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are written findings of exceptional circumstances. In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.

The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.

Taxes regarding Alimony will be changing as of 2019. As of 2019, alimony will not be considered taxable income to the payee and will not be tax deductible to the payor. Any dissolution of marriage that is not finalized by with a final Judgment on or before December 31^st 2018, regardless if an agreement is signed prior to, will fall under the new tax laws starting in 2019. Any cases finalized prior to December 31^st 2018 will be grandfathered in to the current tax laws if determined by agreement or court order and will allow for the payee’s alimony to be taxable and the payor the deduction of alimony.

Time Sharing and Child Support

Regardless if the parties are married or not it is important for the parties to work on a Parenting Plan that works for the parties and their family dynamics. The only people that know your family’s dynamics and what will and will not work is you.

You know what your children need, what your schedules are, and they best outcome that will not only be in the best interest of the children but also for all parties involved.

A Parenting Plan should be a detailed as possible to make co-parenting between the parties as easy and smooth as possible.

The ideal co-parenting situation, is when a party comes up with a Parenting Plan and communicates with each other to make the day to day decisions that need to be made if something arises that may differ from the Parenting Plan. A Parenting Plan should be a fall back if you cannot come to an agreement during the day to day issues and time sharing schedule.

A time-sharing schedule should be made while taking in each parents schedule along with the children’s schedule to determine when and where the children will be on any given day or time.

Overnights are how time sharing is determined. The parent with the overnight, is the parent that will care for the child during the day and handle any issues that may come up.

Child Support is based on Child Support Guidelines. The Guidelines take into account each parties income, overnights, daycare expenses, and health insurance expenses to determine the amount of support that shall be made from one parent to the other.

Time Sharing and Child Support

Regardless of whether the parties have been married or not, it is important for the parties to work on a Parenting Plan that works for the parties and their family dynamics. The only people that know your family’s dynamics and what will and will not work, is you.

You know what your children need, what your schedules are, and the best outcome that will not only be in the best interest of your children but also for the parents.

A Parenting Plan should be as detailed as possible to make co-parenting between the parties as easy and smooth as possible.

The ideal co-parenting situation, is when both parents comes up with a Parenting Plan together, and communicate with each other to make the day to day decisions that need to be made or if something arises that may differ from the Parenting Plan. A Parenting Plan should be a fall back if the parents cannot come to an agreement during the day to day issues and time sharing schedule.

A time-sharing schedule should be made while taking into consideration each parents schedule, along with the children’s schedule, to determine when and where the children will be on any given day or time.

Overnights are how time sharing is determined. The parent with the overnight, is the parent that will care for the child, beginning that day and overnight, and handle any issues that may come up.

Child Support is based on Florida’s Child Support Guidelines. The Guidelines take into account each parties income, overnights, daycare expenses, and health insurance expenses to determine the amount of support that shall be made from one parent to the other.