What Is Alimony?
The concept of alimony goes way back in our history and it derives from the state’s interest to not only attempt to keep marriages intact, but to also make sure a dependent spouse does not become dependent on the state.
Alimony is one spouse financially supporting the other spouse in some way pursuant to a court order. The court order could be a result of an agreement between the spouses. There is a concept of temporary alimony while a divorce case is pending, but this article is primarily discussing alimony after a divorce is final.
There are actually 4 types of alimony in Florida:
Florida does not have a straightforward formula to calculate alimony. Rather, the Judges consider a number of factors to determine entitlement to alimony and the dollar amount. These factors are outlined in Florida Statute 61.08. Factors include the need for alimony, the ability to pay alimony, the duration of the marriage, the standard of living during the marriage, age, health issues, etc.
Florida law does presume there will be alimony for long-term marriages, considered as 17 years or more of marriage. Mid-term (or moderate term) marriages are defined by law as being 7-17 years, and the factors are very important in analyzing entitlement in those circumstances.
There is a lot of uncertainty whether a Judge would order alimony in your case, the amount of alimony the Judge would order, and the duration of the alimony. Alimony is a complicated issue, and should be taken seriously by both you and your spouse. A lawyer relies upon their knowledge of the law and experience to help you understand what to expect.
Alimony is one spouse financially supporting the other spouse in some way pursuant to a court order. The court order could be a result of an agreement between the spouses. There is a concept of temporary alimony while a divorce case is pending, but this article is primarily discussing alimony after a divorce is final.
There are actually 4 types of alimony in Florida:
- Permanent alimony – This is what most people think about when they consider alimony. It is the process of paying alimony (typically on a monthly basis) until either spouse dies or the spouse receiving the alimony has remarried (or lives in a “supportive relationship” as defined by Florida Statutes).
- Durational alimony – This is similar to permanent alimony, except the number of months the alimony will be paid is determined at the time the divorce is final. Therefore, both spouses are aware on what date the alimony will end.
- Rehabilitative alimony – This type of alimony is provided for a short period of time. It is intended to allow the receiving spouse time to "rehabilitate" him or herself financially and become completely self-supporting. “Rehabilitate” typically means getting a college degree, getting licensures, etc. This type of alimony requires a specific “rehabilitation” plan, which includes costs and timelines.
- Bridge the Gap alimony – This type of alimony is awarded to assist a spouse by providing support to allow that spouse to transition from being married to being single. In many divorce situations, one party is in a worse cash-flow position, and Bridge the Gap alimony is designed to assist them to pay for their legitimate, identifiable short-term needs. The length of an Bridge the Gap alimony may not exceed 2 years.
Florida does not have a straightforward formula to calculate alimony. Rather, the Judges consider a number of factors to determine entitlement to alimony and the dollar amount. These factors are outlined in Florida Statute 61.08. Factors include the need for alimony, the ability to pay alimony, the duration of the marriage, the standard of living during the marriage, age, health issues, etc.
Florida law does presume there will be alimony for long-term marriages, considered as 17 years or more of marriage. Mid-term (or moderate term) marriages are defined by law as being 7-17 years, and the factors are very important in analyzing entitlement in those circumstances.
There is a lot of uncertainty whether a Judge would order alimony in your case, the amount of alimony the Judge would order, and the duration of the alimony. Alimony is a complicated issue, and should be taken seriously by both you and your spouse. A lawyer relies upon their knowledge of the law and experience to help you understand what to expect.