Articles Posted in Alimony

Like most states, the awarding of alimony in Florida depends on a number of factors, including the length of the marriage, contribution to the marriage (both financial and non-financial), education level of both spouses, employability of both spouse, and more.

Florida has four different types of alimony: permanent, lump sum, rehabilitative and bridge the gap. Following are the likely scenarios for each:

Permanent or lump sum alimony. If a couple has been married for more than 17 years and one spouse has been the sole source of income during the marriage, it is likely that permanent alimony will be awarded to the non-working spouse. Florida courts recognize the contribution of maintaining a home and raising children by a non-working spouse, who will likely have difficulty re-entering the workforce after so many years of being absent. Judges will most likely award either permanent or a lump sum alimony in recognition of the contribution of the non-working spouse to a long-term marriage.

In determining an award for alimony, Florida family courts may consider a considerable amount of factors. Among these factors is a rebuttable presumption regarding the duration of marriage. The length of marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage. Marriages fall into different categories: short-term, moderate-term and long-term. Pursuant to Fla. St. § 61.08, a moderate-term marriage is a marriage lasting greater than 7 years but less than 17 years. A long-term marriage is a marriage with a duration of 17 years or greater. And, a short-term marriage is marriage lasting less than 7 years.

There are four different types of alimony awards available in the state of Florida: bridge-the-gap, rehabilitative, durational and permanent. All of these awards have different durations and modification and termination requirements. Being in a short-term marriage may or may not affect your ability to recover alimony. Although short-term marriage may present extra hurdles in obtaining certain types of alimony awards, these hurdles are not insurmountable. There are always exceptions to the general alimony rules. Contact a Florida Divorce Attorney for legal representation in the dissolution of your short-term marriage to get you the type of alimony best suited for your situation.

Pursuant to Title VI, Civil Practice and Procedure, Chapter 61, Dissolution of Marriage; Support; Time-Sharing, Section 61.08, Alimony, Florida courts may grant alimony to either party, which may be bridge-the-gap, rehabilitative, durational, or permanent in nature or award any combination of these types of alimony.

Bridge-the-gap alimony is an unmodifiable alimony award that provides a party financial assistance to aid that party in transitioning from being marriage to being single. It is designed to assist the party with any legitimate and identifiable short-term needs. The length of any bridge-the-gap alimony award cannot exceed 2 years and will terminate upon the death of either party or if the receiving spouse remarries.

Rehabilitative alimony is awarded to assist a party in “establishing the capacity for self-support through either: (1) the redevelopment of previous skills or credentials; or (2) the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.” Fl. St. § 61.08(6). A specific an defined rehabilitative plan must exist in order to receive this type of award. This type of alimony may be modifiable and terminated in accordance with Florida Law based upon a substantial change in circumstances or upon noncompliance or completion with the rehabilitative plan.

The recent changes to Florida’s alimony statute will apply to all initial awards of alimony entered after July 1, 2010 and modifications of such awards. These amendments cannot be the basis to modify awards or change the amount or duration alimony awards entered before July 1, 2010.

Below is a list of new factors the court will consider in determining the amount of the alimony award:
1. The responsibilities each party will have with regard to any minor children the parties have in common.
2. The tax treatment and consequences to both parties of any alimony award. This includes the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
3. All sources of income available to either party. This will include income derived from investments of any assets held by either party.

Presumptions – Term of Marriage:
1. A short-term marriage is marriage lasting less than 7 years.
2. A moderate-term marriage is marriage having a duration of greater than 7 years but less than 17 years in length.
3. A long-term marriage is a marriage lasting 17 years or longer.

The new law codifies all forms of alimony: bridge-the-gap, rehabilitative, durational and permanent. A court may combine the forms in one award.

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