Types, Eligibility, and How It's Calculated

Alimony, also known as spousal support, is crucial to many divorce proceedings in Florida. Designed to provide financial assistance to the lower-earning spouse, alimony ensures that both parties can maintain a reasonably similar standard of living after a divorce. Florida law recognizes several types of alimony, each tailored to specific needs and circumstances. Here's a breakdown of the different types of alimony in Florida, who is eligible, and how the courts calculate alimony amounts.

Types of Alimony in Florida

1. Permanent Alimony is designed to provide ongoing financial support to a spouse who cannot meet their own needs post-divorce. This type of alimony is typically awarded in long-term marriages (17 years or more) but can also be considered in moderate or short-term marriages if extraordinary circumstances exist, such as a spouse being unable to work due to a serious illness or disability.

Purpose: To ensure the lower-earning spouse can maintain the lifestyle established during the marriage.

Eligibility: Permanent alimony is generally reserved for cases where one spouse has been out of the workforce for a long time or cannot reasonably become self-sufficient due to age, disability, or the length of time spent as a homemaker. It is no longer awarded for a lifetime but for a number of years deemed necessary by the judge.

2. Rehabilitative Alimony is intended to help spouses regain financial independence by providing support while they obtain an education, training, or work experience. This form of alimony is often awarded when the recipient spouse is expected to become self-supporting after adjustment.

Purpose: To assist a spouse in becoming self-sufficient through education or job training.

Eligibility: The spouse seeking rehabilitative alimony must present a clear plan outlining how to use it for career development or training.

3. Bridge-the-Gap Alimony Bridge-the-gap alimony is short-term and intended to assist the recipient spouse in transitioning from married to single life. It is designed to cover short-term financial needs, such as housing or transportation, and is capped at two years.

Purpose: To help cover immediate financial needs after divorce.

Eligibility: This form of alimony is often granted when a spouse needs temporary financial assistance to adjust to life post-divorce.

4. Durational Alimony Durational alimony is awarded for a set period of time, typically in cases where permanent alimony is not appropriate. It is common in short- to medium-term marriages and is designed to provide temporary financial assistance.

Purpose: To provide temporary support for a spouse for a set period.

Eligibility: The duration of the alimony cannot exceed the length of the marriage.

5. Temporary Alimony (Pendente Lite) Temporary alimony is awarded while the divorce proceedings are ongoing. Its purpose is to maintain financial stability for the lower-earning spouse until the divorce is finalized.

Purpose: To provide financial support during the divorce process.

Eligibility: This alimony ends once the final divorce decree is issued.

6. Lump Sum Alimony: a one-time payment to a spouse immediately following the divorce.

Purpose: To give a spouse a lump sum payment for a variety of reasons, such as a business buy-out.

Eligibility: When a spouse deserves compensation for a variety of reasons, such as what it cost to put a spouse through college.

Eligibility for Alimony in Florida

Florida courts determine eligibility for alimony based on several factors, with the primary focus being one spouse’s need for financial support and the other spouse’s ability to pay. The court will consider:

• The standard of living during the marriage
• The duration of the marriage (short-term: less than seven years, moderate-term: 7-17 years, long-term: 17 years or more)
• The age, physical, and emotional condition of both parties
• The financial resources and income-earning capacities of both parties
• Each spouse’s contribution to the marriage, including homemaking and childcare
• The time and expense necessary for the recipient spouse to acquire education or training to find employment
• Any other factor the court deems relevant

How Alimony is Calculated in Florida

There is no set formula for calculating alimony in Florida. Instead, the court uses discretion, considering various factors to ensure fairness. The court strives to maintain a fair and equitable process, with key considerations including:

• Income and Expenses: The court examines both spouses' current income and reasonable living expenses, which are the costs necessary to maintain a standard of living similar to that enjoyed during the marriage.
• Ability to Pay: The paying spouse's ability to provide financial support is carefully analyzed to ensure that alimony will not leave them unable to meet their basic needs.
• Standard of Living: The court tries to ensure that both parties maintain a lifestyle similar to the one they enjoyed during the marriage as much as possible.
• Marriage Length: The length of the marriage plays a significant role in determining the type and amount of alimony. Long-term marriages often result in higher amounts and longer durations of support.
• Need and Contributions: The court will consider whether the recipient spouse truly needs alimony and what contributions they made during the marriage, such as homemaking or child-rearing.

Modifying or Terminating Alimony

Alimony in Florida can be modified or terminated under certain circumstances. For example, permanent or durational alimony may be terminated if the recipient spouse remarries or enters into a supportive relationship, which is a relationship where the recipient spouse receives financial support from another person, thereby reducing their need for alimony. Additionally, either spouse can petition the court to modify alimony if there is a substantial change in circumstances, such as a significant increase or decrease in income. Remarriage or cohabitation with a non-relative ends alimony in most cases.

Conclusion

Alimony is a critical component of many divorces in Florida, providing financial support to spouses who need assistance becoming self-sufficient. Understanding the different types of alimony, the factors the court considers when determining eligibility, and how alimony is calculated can help you navigate the divorce process more effectively. Whether seeking alimony or preparing to pay it, remember that consulting with a family law attorney is not just essential, but also a source of support and guidance to protect your rights and ensure a fair outcome.

The Law offices of Grant J. Gisondo. P.A. is a family law firm in Palm Beach Gardens, FL specialized in divorce, child and spousal support, custody and more. For more details contact us on -561-530-4568 or http://gisondolaw.com/