In the event of a divorce, one of the things that may affect the future of one of the former spouses is alimony. Especially in marriages where one of the spouses has been a stay-at-home parent, alimony might be necessary for the lower-income spouse to transition to a single-person household.
Although there have been many attempts to modify alimony and there is pending legislation to change alimony it currently is still an option in Florida. Do not listen to people that say no alimony in Florida. Talk to an attorney.
Approaching the issue of alimony can be tricky, and there are some factors to review when deciding whether to seek alimony in your divorce. Let’s have a closer look at what alimony in Florida entails by law and what you should consider when requesting maintenance:
What Is Alimony?
Alimony is the legal mechanism through which the spouse with greater financial capabilities makes an allowance to the other spouse after a divorce. There are different types of alimony available under Florida law.
Types of Alimony in Florida
• Temporary alimony — this type of maintenance is also known as alimony pendente lite, and it’s terminated automatically as soon as the divorce finalizes, when a different kind of alimony may replace it;
• Bridge-the-gap alimony — a transitional form of alimony that helps the recipient spouse adjust from being in a marriage to becoming single, and it’s meant to cover their short-term needs, so it usually cannot last more than two years;
• Rehabilitative alimony — this type of alimony is intended to help the recipient spouse become self-supporting by assisting them in payment for developing new skills or further training that helps them build their credentials;
• Durational alimony — a type of maintenance which has a specified duration, usually following marriages that lasted less than 17 years, and it cannot continue longer than the length of the marriage;
• Permanent alimony — if a party can’t fulfill their practical needs that were established during the marriage on their own, permanent alimony can be awarded to assist with that, usually in long or medium-length marriages (between 7 and 17 years).
Factors to Consider When Requesting Alimony
Determining what would be an appropriate alimony amount can be complicated under the Florida law. There are different things that a judge may consider, and you should be aware of them before requesting alimony. The factors that affect the amount to award include the recipient spouse’s need, which provides for their current standard of living.
Another critical factor is the duration of the marriage, where long-term marriages may suggest that the recipient spouse has given many years of their total life to the union. In those cases, permanent alimony might be the most appropriate. It’s also important to consider each party’s financial resources and their contribution to the marriage, which doesn’t exclude childcare and support of the other party’s career. There are several other factors that the court will look to in determining whether alimony is appropriate.
Every case is different and fact-specific, so it is essential to understand the underlying principles of alimony in Florida to know what you might expect.
If you are interested in learning more about the factors that affect alimony in Florida or if you wish to discuss the specifics of your case, call divorce attorney, Debora A. Diaz at 727-846-1802 to schedule a consultation. It is important to know your rights!
Written by Debora A. Diaz, Esq.