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.
Temporary alimony is awarded to help a spouse transition from marriage to single life. It is intended to provide short-term support while the spouse adjusts to their new circumstances. Temporary alimony can last up to two years.
Bridge-the-gap alimony is awarded to help a spouse with short-term needs, such as paying for housing or transportation. Like temporary alimony, it can last up to two years.
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 can last up to five years.
Durational alimony is awarded to provide financial assistance for a set period of time. It can last up to 50% of the length of the marriage, 60% of the length of a moderate-term marriage, or 75% of the length of a long-term marriage.
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 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.
In conclusion, alimony is an important tool that courts use to provide financial support to spouses following a divorce. There are several different types of alimony that can be awarded, each with its own specific purpose and duration. If you are going through a divorce and have questions about alimony, it’s important to speak with an experienced family law attorney who can help you understand your rights and options.
“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 expense, 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. In fact there is a statutory “presumption” in favor of permanent alimony for long term marriage. (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 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. Call it the “golden goose” principal.”
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.
7. There are different statutory presumptions based on the length of the marriage. The years of marriage are measured from the date of marriage to the date a petition for dissolution of marriage is filed. Keep in mind these presumptions in mind, and plan accordingly. For example, you will be in a much stronger position, in regard to request for alimony, if the length of your marriage is over seventeen years. So, you may wish to delaying filing for divorce if the length of your marriage is at that sixteen year/seventeen year dividing point.
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 standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) 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.
(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 they have in common.
(h) 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.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
The link to the statute is here: Section 61.08, Florida Statutes.
As a divorced father of two, I know divorce was not what you expected.
As a divorce lawyer, with over 19 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 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.