Alimony & Spousal Support

Alimony, also referred to as spousal support, may be agreed to by the parties or ordered by the court.  There are many different types of alimony which may be either temporary, permanent, paid periodically or in a lump sum.

The court may grant alimony to either spouse. In determining whether to award alimony, the court must determine whether either party has an actual need for alimony and whether the other party has the ability to pay.  The court must also consider the factors set forth in section 61.08 of the Florida Statutes.

For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and a long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

Bridge-the-gap alimony may be awarded to help a spouse make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a spouse with legitimate, identifiable short-term needs. There are limits as to the length and conditions of a bridge-the-gap alimony award.

Rehabilitative alimony may be awarded to assist a spouse in establishing the capacity for self-support through either the redevelopment of previous skills or credentials, or the acquisition of education, training or work experience necessary to develop appropriate employment skills or credentials. The court must articulate a specific rehabilitative plan to award alimony so both parties clearly understand the expectations placed on the alimony recipient.

Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a spouse 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. There are limitations as to the length and modifiability of a durational alimony award.

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 spouse who lacks the financial ability to meet the needs and necessities of life following a dissolution of marriage. There are limitations as to when a court may award permanent periodic alimony, particularly for marriages of short or moderate duration.

Some of the factors the court considers when determining the type and amount of the alimony award include, but are not limited to:

• The parties’ prior standard of living.
• Length of the marriage.
• Age and physical and emotional condition of both spouses.
• Each spouse’s financial resources and income-producing capacity of the assets they receive.
• The time necessary to acquire sufficient education or training to find appropriate employment.
• The services rendered in homemaking, child-rearing and the education and career-building of the other spouse.

The court may consider any other factor necessary to do equity and justice between the spouses.

Unlike child support, there are no charts or formulas to rely on for an alimony amount in Florida. The amount of spousal support, if any, is up to the discretion of the judge, or the parties if they are able to agree. To help ensure a fair result, experienced divorce lawyers often argue the details of each party’s anticipated post-divorce budget in support of or against an alimony award.