Alimony | Spousal Support | Affordable Divorce Attorney

Exploring the Different Types of Alimony in Florida:

Temporary Alimony

Often referred to as alimony ‘pendente lite,' it is granted during the divorce proceedings, ending when the final divorce decree is issued.

Bridge-The-Gap Alimony

Intended to aid the financially dependent spouse for up to twenty-four months post-divorce, assisting in various adjustments, such as finding a new residence or engaging in educational programs for better job opportunities.

Rehabilitative Alimony

Meant to help a spouse pursue educational programs or training to attain gainful employment, supported by a detailed and feasible plan presented to the court.

Durational Alimony

When other forms of alimony aren't suitable, this support lasts for a period equivalent to the length of the marriage, capped at 20 years.

Permanent Alimony

Granted when one spouse lacks the ability to achieve self-support, enabling maintenance of the previous standard of living post-marriage. Awarded under stringent conditions outlined by the presiding judge.

The eligibility for permanent alimony is determined by the duration of the marriage. A minimum marriage length of 17 years could warrant permanent alimony if deemed necessary. Between 7 and 17 years, strong evidence is required to justify this form of support. For marriages less than 7 years, permanent alimony is rarely granted unless highly exceptional circumstances exist.

Florida law makes specific presumptions about the duration of the marriage and the appropriateness of permanent alimony. For marriages of at least 17 years, the court may award permanent alimony if it's deemed suitable considering various factors. Marriages lasting 7 to 17 years need clear and convincing evidence to justify permanent alimony, while those under 7 years must meet exceptional criteria.

Factors Governing Spousal Support Determination:

The court assesses the necessity of spousal support considering the financial need of one spouse and the capacity of the other to afford such support without undue financial hardship.

Additional factors reviewed by the court:

• Complete financial portfolios of the requesting spouse.

• Overall income of both spouses, inclusive of investments and pensions.

• Educational background, employability, and professional qualifications of each spouse.

• Standard of living during the marriage.

• Duration of the marriage.

• Age and health status of the spouses.

• Contributions made by each spouse during the marriage, such as homemaking or supporting the other's education.

• Impact of taxation on the awarded support.

• Child support obligations.

• Prospective education plans of the spouse in need.

Additionally, the court can consider adultery as part of the factors, depending on the specific circumstances, such as financial harm caused by one spouse's expensive gifts to a third party.

Modifying or Termination of Spousal Support:

The couple can mutually decide on the termination or modification of alimony. However, adjustments are contingent on the type of support:

• Bridge-the-gap alimony remains non-modifiable.

• Rehabilitative alimony can be altered if the recipient fails to meet agreed-upon terms or concludes the requirements earlier than anticipated.

• Durational, permanent, and rehabilitative alimony are all subject to modification upon substantial changes in either spouse's financial situation. Durational support can only be adjusted in payment amount, not duration, which cannot exceed the length of the marriage.

Additionally, durational and permanent alimony cease upon the recipient's remarriage or the death of either spouse. Permanent alimony could also end if the recipient cohabits with an unrelated person in a "supportive relationship," reviewed by the court considering various factors.

• The nature of their relationship, financial independence, and shared property.

• Length of cohabitation and any shared responsibilities.

• Existence of mutual support and signed agreements about shared property or finances.

• Contributions and improvements made jointly.