Alimony in Florida Divorce
Understanding Alimony In Florida: A Guide to the Different Types of Alimony
Alimony is a court-ordered payment from one spouse to the other after a divorce. It is designed to provide financial support to the spouse who is in a weaker financial position following the end of the marriage. In this post, we’ll take a closer look at the different types of alimony that a court can award.
Length of Marriage
Some presumptions regarding alimony are based on the length of the marriage. A short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. The length of marriage is measured from the date of marriage to the date of filing a Petition for Dissolution of Marriage (Petition for Divorce).
Bridge-the-Gap Alimony
Bridge-the-gap alimony may be awarded to help a spouse transition from marriage to single life. There must be assist with identifiable short term needs. The length of bridge the gap alimony may not exceed two years.
Rehabilitative Alimony
Rehabilitative alimony is awarded to help a spouse become self-supporting. This type of alimony is intended to provide support while the spouse pursues education or training that will enable them to become financially independent. Rehabilitative alimony may last up to five years.
Durational Alimony
Durational alimony is awarded to provide economic assistance for a set period of time. Durational alimony may not be awarded in marriages lasting less than three years. (But Bridge-the-gap alimony or “Rehabilitative” alimony could be awarded). Durational alimony may not exceed 50% the length of a short term marriage, 60% the length of a moderate-term marriage, or 75% the length of a long-term marriage. (There is an “exceptional circumstances” exception).
When deciding whether to award alimony and how much to award, the court will consider several factors. These include the length of the marriage, the standard of living established during the marriage, the age and health of the spouses, and their earning capacities.
The amount of durational alimony is the amount determined to be the person receiving alimony’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.
The court can also order that alimony payments be made through a depository, such as a bank account, to ensure that they are made on time.
“The standard of living established during the marriage is not a ‘super factor’ when determining alimony”
My 7 rules for thinking about Florida alimony
1. Florida law requires the court to look at each party’s income and expenses, when determining whether alimony should be paid.
2. If you are the person who needs alimony, ask yourself whether your spouse really has the ability to pay you. People often get divorced because of financial problems. For example, the unexpected loss of a high paying job. Sometimes these types of changes are temporary. Sometimes they are not. Often by the time divorce is considered, a couple may have been living beyond their means for an extended time – racking up unsustainable debt in the process. Before you incur even more debt litigating the issue of alimony, do a “reality check.” Can your spouse really pay you, based on the way things are now.
3. The longer the marriage, the greater the potential for a significant award of alimony – both in dollars and duration. (If alimony is appropriate).
4. The “standard of living” established during the marriage is an important statutory factor in awarding alimony. However, in most cases the alimony awarded does not duplicate the prior standing of living for the spouse receiving alimony.
Why not? The reason is that many couples spend close to their entire combined income on a month to month basis. So, after the divorce it is not possible for either party to keep the standard of living established during divorce. (For example, if the combined net income of a couple during the marriage is $160,000, then no matter how that $160,000 is split after the divorce, each party’s “share” is always going to be less than $160,000). The cases interpreting this factor say, that after the divorce, “one party should not be left in abundance, while the other party is left in poverty.”
5. The court typically will not equalize incomes after the divorce. Usually the spouse paying alimony will end up with more total income.
6. The court has discretion to impute income to a party paying or receiving alimony. Impute in this context means to treat a party as having more income than they actually have at the current time. If you are the person asking for alimony, you should expect to transition to best job in the areas given your training and experience. If you are the person being asked to pay alimony, suddenly losing your job, or not getting your usual bonus, will be treated skeptically by the court.
Alternatives to Litigation
As a divorced father of two, I know divorce was not what you expected.
As a divorce lawyer, with over 25 years of experience, I also know that casting every issue in legal terms is not the answer. Winning and losing take on a different meaning in the context of divorce. Too often everyone loses. It does not need to be that way.
My practice emphasizes mediation, collaborative divorce, and resolving divorce cases before any paperwork is filed with the court. You and your spouse are people and parents, not corporate litigants. The solution is to choose a divorce process that treats you that way.
Factors considered by the court when awarding alimony
Under Florida’s alimony statute, the court first determines whether one spouse has the need for alimony, and then determines whether the other spouse has the ability to pay alimony. If the answer to both these questions is “yes,” the court is required to consider the following factors in determining the amount, duration, and “type” of alimony:
(a) The duration of the marriage.
(b) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
(c) The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.
(d) The resources and income of each party, including the income generated from both nonmarital and marital assets.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.
(f) 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.
(g) The responsibilities each party will have with regard to any minor children whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.
(h) Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for in s. 61.14(1)(c)1.
The link to the statute is here: Section 61.08, Florida Statutes.