Santa Rosa Beach Law Blog

The Sunshine State remains one of the most popular destinations for retirees from all over the United States. Florida's warm, humid climate can drastically improve the quality of life for those suffering from the pains of aging, such as arthritis.

Additionally, Florida has many active retirement communities and activities for older adults looking to divert themselves during retirement. From golfing to aquatic adventure opportunities, there are many benefits to moving to Florida for one's golden years. However, those who stay in Florida until they die may encounter an unexpected complication.

When a Florida marriage ends, one spouse will often seek spousal support, also referred to as alimony, as part of the case. This is true whether it is a high asset divorce or a divorce of more modest means. Simply because there is a request on the part of one spouse to receive alimony does not mean it must be a high conflict divorce. However, even while some cases are relatively amicable and one spouse does not have a major issue paying alimony to the other, there are many cases where the situation is contentious and a dispute is likely. No matter what, knowing what factors will be considered is something everyone should understand.

The court will make factual assessments regarding the need for alimony and the other party's ability to pay. Once it is decided that there is the need and the ability to pay, there are many factors that will go into how much it will be. The marriage will have had a certain standard at which the couple lived. That must be maintained when determining alimony. The length of the marriage will be a factor. The spouses' ages and their physical and mental conditions will be weighed.

It goes without saying that Floridians will want to make certain their loved ones are shielded and get the maximum of their inheritances when an estate plan is created. That can be accomplished through wills, trusts and proper implementation of asset protection strategies. For those with significant assets, the new Trump Administration tax plan was a boon when trying people were seeking to provide loved ones with large gifts and avoid onerous tax implications.

A concern about this, however, was that the exclusion was set to last for a finite period and would end in 2025. It had been believed that after 2025, the Internal Revenue Service would revert the tax to what it was before the change and people would be forced to pay taxes on their gifts. This was known as a "clawback." Fortunately for those concerned about this, the IRS has stated in a proposal that it is not likely to move forward with the clawback.

Divorce is typically a time of great personal upheaval. In many cases, you may have to find a new place to live. Other times, you may worry about how to fairly split the assets you have acquired during marriage. Custody of your minor children and the right to visit them is also a common concern.

It is easy to feel disheartened at the end of a marriage, which can lead some people to make critical mistakes in their divorce. While you don't necessarily want to engage in a protracted court battle with your ex, you also don't want to concede to every one of their demands either. You need to advocate for yourself in order to ensure that the outcome of your divorce is fair.