Alimony

Alimony:

  • In the State of Florida, a party may claim temporary alimony while litigation is pending.
  • In any proceeding for dissolution of marriage, the court may grant alimony to either party.


Presumptions:

  • Short Term Marriage- less than 7 years
  • Moderate-term Marriage- more than 7 years but less than 17 years
  • Long-term Marriage- 17 years or greater

_______________________________________________________________________________________________________

There are different types of alimony:

Bridge-the-gap:

  1. 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.
  2. 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:

  1. This type of alimony may be awarded to assist a party in establishing the capacity for self-support, either by the redevelopment of previous skills or credentials or the acquisition of education necessary to develop appropriate employment skills or credentials. This type of alimony may be modified or terminated upon a substantial change in the circumstances.

Durational:

  1. 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.
  2. 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:

  1. 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.
  2. 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.
  3. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.
  4. 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.


______________________________________________________________________________________________________________________________________

Form of Payment:

  • Periodic Payments
  • Lump Sum

_____________________________________________________________________________________________________________________________________

Factors to be considered by the court when awarding or denying 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.

_____________________________________________________________________________________________________________________________________

If you are facing a dissolution of marriage and one of the issues in the dissolution involves alimony, you should talk to an attorney in order to obtain a legal consultation regarding your case. I offer free consultations and flexible appointments, to include after-hours and weekends.


The information provided in this website does not constitute legal advice and is provided only for Informational Purposes.

The hiring of a lawyer is an important decision that should not be based solely upon advertising. Before you decide, ask the firm to send you free written information about the lawyer's qualifications and experience.