1108079_monthly_fee_5.jpgIn a Florida divorce, the Court looks at a number of factors when equitably dividing the marital assets, including the house. The concept of equitable distribution is to equal the assets and debts of the parties and to equalize said debts in accordance with the ability of the parties to pay. The Court will look at factors such as the rate of the mortgage, whether a party is receiving or paying alimony, whether the marital home is underwater like so many houses in Florida, whether either party can afford to maintain the house, when the house may be sold as an asset for the parties versus a growing liability, and many other factors. The parties may also agree, before going in front of the judge, what to do with the marital home. However, whether determined by agreement of the parties or by the judge, there should be a determination made about whether the party receiving the home will receive any set-offs or credits for the marital home at the time of the sale.

When deciding whether the receiving party of the martial home will also receive credits or set-offs for the mortgage and related expenses, Florida Statute 61.077 provides factors to consider, as follows:  

“(1) Whether exclusive use and possession of the marital home is being awarded, and the basis for the award;

1370565_bird_house_for_doves.jpgA Florida divorce requires that property, including the marital home, be equitably divided. To determine which spouse will get the marital home or whether the house will be sold; the court looks to a number of factors including the age of the children, if any; the income of the parties after alimony is determined; and the actual value of the home at the time of separation. When the court determines that one party may have exclusive use and possession of the home, which means that the individual with the home will be responsible for the payments on said home either through his/her income or the income established as alimony.

The Court may deem the sale of the home necessary after the oldest child reaches the age of 18; or to sell the home immediately, if there are no children. The party that is paying the mortgage and repairs to the home may be entitled to credit set-off at the time of the sale in accordance with Florida Statute 61.077. The Florida legislature has given ground rules for how to determine the credit to be used as a set-off at the time of the sale, including how to apply said credit when money is actually earned from the sale or when the house is underwater like so many others in Florida.

According to Florida Statute 61.077, the credit or set-off is not automatic, but must be ordered by the Judge or put into the language of the Consent Final Judgment of Divorce. In the absence of the parties having reached an agreement, the court can look at certain factors presented by the parties to determine whether there should, in fact, be a credit or set-off for the mortgage, repairs and other related expenses to the home.

162243_loading_zone.jpgDivorcing parties often separate before their divorce is finalized. When parties separate, even if by agreement, it does not mean that simply not having a court order means that a party is not entitled to alimony and/or child support. Spousal support is based on a need for support and the other party’s ability to pay, often this need is immediate and the party is entitled to receive funds from the date of the separation. Also, child support is designed to keep a child in the same lifestyle s/he would have if the parties were still living together, therefore, the need for child support is established at the time of the separation.

Florida Statute 61.09 allows for the determination of child support and alimony to be determined back to the date of separation. Florida Statute 61.09 states as follows:

“If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.”

701012_writing_a_check_1.jpgDivorcing in Florida after 16 years of marriage is considered a long-term marriage when determining alimony. Basically, the idea that has been passed down by the Florida legislature is that when parties have been married that long, if there is a need for alimony then that alimony may be needed permanently because the parties had their roles for so long and the needing party will most likely not have time to build a career to be at the same marital lifestyle or even close to it without alimony. The idea is that if a couple chose to have one spouse be a homemaker, then that individual will most likely not be able to go into the workforce and make equal to the spouse that has worked the length of the marriage.

Florida Statute 61.08 provides details for determining alimony and the length of the alimony. For a long-term marriage, permanent periodic alimony may be awarded if the requesting party can prove a need for alimony and prove that the other party has an ability to pay the alimony. Florida Statute 61.08(8) defines permanent periodic alimony as follows:

Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration, following a marriage of moderate duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are exceptional circumstances. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.

1285564_measuring_tape_detail_3.jpgIn a divorce, Florida law allows an award of alimony when a need is shown and the paying party has an ability to pay. Florida does not have an alimony calculator like some states, so instead Florida statute indicates factors that are to be used to determine the length of alimony and the court determines the amount based on again, need and ability. When the marriage is a short-term marriage often alimony is not awarded and if it is, then it may be for a brief time. The tricky determination for alimony is when the length of the marriage is between 7 – 16 years, then permanent is often not awarded and bridge the gap (between married and single life, typically 2 years) is not enough time.

Florida Statute 61.08(7) provides for durational alimony, which can be for a length of time that is more comparable to the needs and length of the marriage than the aforementioned alimony. Durational alimony is defined as follows:

“Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.”

1184809_six_books.jpgMarriage is often an issue of give and take for many couples. When a couple goes through a divorce the give and the take may be brought up in a case of alimony in Florida. A Florida alimony case involves multiple factors, including the give and take during the marriage as it relates to education of the individuals in the marriage. In a Florida divorce, if one party gave up their college education to support the education of the other, then that may be brought up as an issue of the divorce.

Alimony is based on factors including length, contribution, and lifestyle of the marriage. A divorce is designed to dissolve the marriage, but not put either party in a destitute and poverty ridden situation. In order to help move the parties forward, the party that did not get a formal education or did but has not used it in 20 years of the marriage, may be entitled to rehabilitative alimony. Florida Statute 61.08 (6) requires a plan or anticipated plan be present to award rehabilitative alimony and defines the type of alimony as:

Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:

1356646_romantic_bridge_in_the_fog.jpgAlimony is often the mind of those going through a divorce in Florida. During a marriage, there is often give and take from both sides and sometimes there is an agreement for one party to work while the other stay home or one party to be the primary breadwinner while the other party may contribute a portion of the household income. However, when the marriage dissolves, the agreements of the parties during the marriage may impact the outcome of the divorce and bring claim to alimony as a result. Florida alimony is designed to help keep the parties in a position where they may have a similar lifestyle to that established during the marriage; however, that determination is based on a number of factors including the length of the marriage, contribution to the marriage, etc. Also, alimony can be awarded in different forms: bridge the gap; rehabilitative; permanent periodic; permanent; or lump sum.

Bridge the gap alimony is defined by Florida Statute 61.08(5) and may be awarded in order to provide support for a party to transition from married to single life. It is designed to help with the short-term needs of the party and it can be awarded for up to two years and is not modifiable, but is terminated if the receiving party marries or the paying party dies. This is typically awarded in short-term marriages, those lasting less than 7 years.

A family law attorney can help you with your divorce and questions related to alimony, divorce, visitation issues, etc.

1169459_money_or_mariage_3.jpgAlimony in Florida is based on a number of factors, including the length of the marriage. A party qualifies for alimony based on the length of the marriage, the need, and the other party’s ability to pay alimony.

The Florida legislature recently defined what a short-term marriage, moderate-term marriage and long-term marriage consist of in terms of years. This is helpful in determining which type of alimony may be awarded. In Florida, the length of the marriage is determined from the date of the marriage until the filing for the divorce.

According to Florida Statute 61.08(4), the Florida legislature has defined the length of marriage, which is a rebuttable (i.e. arguable) presumption, as follows:

252256_nest_egg_ii.jpgAlimony cases in Florida are determined by Florida statute, but not by a Florida calculation. Since the court is the one to make the overall determination of alimony, the statutes provide certain guidelines in determining what type of alimony will be awarded; the need of the requesting party; and the ability to pay the alimony if awarded.

To make these determinations, Florida Statute 61.08(2) gives a number of factors for the Court to consider in making its decision. The factors include the following:

(a) The standard of living established during the marriage.

1287061_businessman_in_the_office_1.jpgAlimony in Florida is determined by the Court without a calculation like they have in some states. Florida law requires the court to make findings of fact from the case as to whether certain factors are met before awarding any form of alimony. In Florida, alimony can be awarded either in bridge-the-gap, rehabilitative, durational, or permanent.

In determining whether to award alimony, the court must first and foremost determine whether the requesting party has an actual need for spousal support, F.S. 61.08. Also, the court must determine whether the responsible paying party has the ability to pay alimony. These factors are based on the evidence presented in the divorce case and is based on factors like the financial earning ability of the parties; the present financial situation of the parties; the historical roles in the marriage (e.g. home maker and breadwinner); present expenses; health issues; etc. The court must be presented evidence from both parties in order to determine these factors.

A Florida divorce lawyer can help determine whether your case will involve alimony.

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