Much like the division of property upon a divorce, alimony is often a huge concern when filing for divorce in Florida.
Alimony, which is also known as “maintenance” or “spousal support” was at one point only awarded to the wife. This was based on the traditional common law role of the husband, which created a lifetime obligation for the husband to provide for the wife. Modern Florida statutes have abolished those antiquated common law rules, and the Supreme Court has ruled that states may not assign marital rights based on gender. So in today’s world alimony can just as easily be awarded to a husband as it can to a wife.
The modern rules of alimony in the state of Florida are governed by Florida Statute 61.08.
The purpose of alimony is to allow an otherwise dependent spouse to become economically self-sufficient. Because each divorce is different) there are several different forms of alimony that can be used by the court to fulfill the needs of a spouse so that they can eventually become self-supporting. Contrary to popular conceptions about alimony, rarely is permanent or indefinite alimony awarded in Florida; it only occurs when the court finds that the issuance of another type of alimony will never be sufficient to help a spouse become self-supporting.
Types of Alimony
Because a court’s decision to award alimony is so fact specific, there are several different types of alimony available. It’s worth noting that the law was changed in 2010, and if a spouse files for divorce on or after July 1, 2010 there are four types of alimony available (previously there were six).
All types of alimony are terminated upon the death of either party, or upon the remarriage of the party receiving alimony.
Bridge-the-Gap Alimony
As the name suggests, bridge-the-gap alimony is provided to help a spouse make the transition from married to single life. This form of alimony is designed to assist a party with legitimate identifiable short-term needs. As a result, this is a short term form of alimony that may not exceed two years.
It is important to note that once bridge-the-gap alimony is awarded, it is not modifiable in amount or duration.
Rehabilitative Alimony
Rehabilitative alimony may be awarded to help a needy spouse become self-supporting by either education or job training. In order for a court to award rehabilitative alimony, the needy spouse must develop a specific and defined rehabilitative plan. This plan must be adhered to in order to continue receiving rehabilitative alimony.
Rehabilitative alimony is modifiable in accordance with Florida Statute 61.14. Modification is based on either a substantial change in circumstances, noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.
Durational Alimony
Durational alimony is designed to provide a party with economic assistance for a set period of time. This kind of alimony is typically available for short or moderate duration marriages (0-17 years), but is also available for long term marriages if there is no need for support on a permanent basis.
Durational alimony is also modifiable in accordance with 61.14, however the length of an award of durational alimony may not be modified except under exceptional circumstances. It’s also important to note that length of an award of durational alimony may not exceed the length of the marriage.
Permanent Alimony
Permanent alimony is awarded when a needy spouse lacks the ability to meet his or her needs and necessities of life following a dissolution of marriage. The standards for awarding permanent alimony depends on the length of the marriage.
For long-term marriages, permanent alimony may be awarded if such an award is appropriate after considering the 10 factors listed below.
For moderate term marriages, permanent alimony is awarded if such an award is appropriate based on a clear and convincing evidentiary standard.
For short term marriages, permanent alimony is only appropriate under exceptional circumstances.
An award of permanent alimony may modified or terminated based upon a substantial change of circumstances or upon the existence of a supportive relationship in accordance with 61.14.
The Amount of Alimony
The amount of alimony awarded to a spouse is entirely at the court’s discretion. This is in stark contrast to the issue of child support, where the court follows a statutory table with monetary guidelines. The court may consider a variety of factors, including the adultery of either spouse and the circumstances thereof, in determining the amount of alimony to award.
Periodic Payments or Payments in Lump Sum?
In any award of alimony the court may order the payments to be periodic (month to month), in one lump sum, or some combination of the two. Once again, these decisions are entirely at the court’s discretion.
Factors the Court Considers in Determining the Type, Duration, and Amount of Alimony Awarded
As I stated earlier, the court considers a wide variety of factors in determining the details of how alimony is awarded (if it is even awarded at all). The following is a list of the official factors from Florida Statute 61.08.
The standard of living established during the marriage.
The duration of the marriage.
The age and the physical and emotional condition of each party.
The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
The responsibilities each party will have with regard to any minor children they have in common.
The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
All sources of income available to either party, including income available to either party through investments of any asset held by that party.
Any other factor necessary to do equity and justice between the parties.
Note that recent case law stresses that the first factor (the standard of living during the marriage) is not a very important factor. It is important to remember that alimony is not intended to provide for luxury items enjoyed during the marriage. Rather, alimony is designed to provide for basic support to allow the receiving spouse to ultimately attain self-sufficiency.
On the other hand, the duration of the marriage is one of the most important factors in determining the type and duration of alimony. For example, if a couple has been married for 40 years and the wife hasn’t worked in the past 20, a court is going to be more inclined to award more alimony and for a longer duration.
Note that the last factor is “any other factor necessary to do equity and justice between the parties.” The determination is highly discretionary and this is where issues such as adultery or spousal abuse may have an impact on the marital finances and thus the award for alimony.
Florida Alimony – Final Thoughts
I hope this article helped you understand the basics of alimony in a Florida divorce. As you can probably tell, this is a very fact-heavy analysis and the courts in Florida have broad discretion in deciding if and how alimony should be awarded. If you need more information on the subject your best option is to contact a Florida family law lawyer to discuss your case and help you understand your options.
If you have any questions at all relating to alimony (or any other issue) pertaining to your divorce in Florida it would be my honor to assist you. Please feel free to get in touch with me via phone ((941) 882-4367) or email (dan@danpolicastrolaw.com) to set up a consultation.
Best regards,
Dan
