Alimony/Spousal Support Overview
Alimony/Spousal Support for Alimony Awards Ordered on or Prior to July 1, 2010
Alimony, in its simplest form, is a sum of money paid by one divorcing party to the other party. The purpose of alimony is to provide financial support to the economically disadvantaged spouse. Entitlement to alimony and the amount of alimony depends upon numerous factors, by statute a court making a decision regarding a request for alimony shall consider:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each in the dissolution of marriage.
(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) 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.
(g) All sources of income available to either party.
In addition, the court may consider any other factor necessary to do equity and justice between the parties.
Initially for alimony to be awarded it must be requested by at least one of the parties to the divorce. There are primarily five types of alimony in Florida; Temporary Alimony, Permanent Periodic Alimony, Rehabilitative Alimony, Bridge the Gap Alimony and Lump Sum Alimony.
Temporary Alimony: Is financial support that one of the parties is ordered to pay to the other during the pendency of the divorce proceedings and is generally designed to permit each party to continue to live in a lifestyle, as close as possible, to how the parties where living just prior to the divorce action being filed. Many times this type of alimony does not manifest itself in a direct payment of money from one spouse to the other but through third parties such as one spouse being ordered to continue to satisfy the monthly mortgage payments of the marital residence while the other spouse is awarded exclusive use and possession of that residence. Temporary Alimony unlike the other types of alimony is the least dependent upon the length of the marriage and can be ordered even in very short duration marriages due to its non permanent nature.
Permanent Periodic Alimony: What most individuals have knowledge of and/or familiarity with, is alimony paid from one spouse to the other over the lives of the spouses. Whether or not such alimony will be awarded depends greatly upon the length of the parties’ marriage, the roles and responsibilities of each party within the marriage when it was intact, the separate income of each party and the health and age of the parties at the time the award of alimony is considered. Under current case law marriages of less than seven years would not generally qualify for an award of Permanent Periodic Alimony to either spouse unless there were mitigating circumstances such as the disability or poor health of one spouse that prevents that spouse from obtaining employment and in most circumstances that disability would have had to occur during the marriage. Marriages of fifteen years or greater duration would typically allow for an award of Permanent Period Alimony where there is disparity of income between the spouses and Rehabilitative and/or Lump Sum Alimony are not available or equitable in the case. Marriages of between seven and fifteen years of duration represent a gray area wherein Permanent Periodic Alimony may or may not be awarded and such awards or the denial of such alimony awards are very case fact specific. However, marriages of the gray area duration can result in an award of Rehabilitative and/or Bridge the Gap Alimony if the facts of the case justify such an award.
Rehabilitative Alimony: is alimony awarded over a set amount of time to allow the economically challenged spouse to obtain training or education which in turn will provide that spouse with employable skills or enhance existing employable skills. An example of when such an award of alimony may be awarded is where the recipient spouse may have placed their career on hold to take care of other responsibilities within the marriage, such as home making, but could become financially self supporting with additional education or training within that party’s prior career field. Rehabilitative alimony requires that a plan detailing the nature of the rehabilitation and its attendant costs be submitted or otherwise proved up to the court.
Bridge the Gap Alimony: is alimony awarded to financially assist one spouse from transitioning from the marital relationship and its attendant financial support to a single income household. This type of alimony is usually short in duration, rarely exceeding two years and more likely to last only a few months. An example of when Bridge the Gap alimony may be awarded is where the recipient spouse may have an income which would allow him or her to be self supportive but it is determined that financial assistance is needed by that spouse to set up a new household and equity dictates that such an award would be appropriate.
It should be noted that all types of alimony may be paid over a set period of time in set intervals, at one time, in a lump sum or through a combination of both.
Alimony/Spousal Support for Alimony Awards Ordered After July 1, 2010
Florida law was amended with regard to alimony and spousal support during March of 2010. The amendments enacted apply to all initial awards of alimony entered after July 1, 2010, and modifications of such awards entered after that date. To a large extent the 2010 amendments codify elements of case law that where considered by the courts in earlier cases regarding alimony awards.
Just as before the amendments; alimony, in its simplest form, is a sum of money paid by one divorcing party to the other party. The purpose of alimony is to provide financial support to the economically disadvantaged spouse. Entitlement to alimony and the amount of alimony depends upon numerous factors, by statute a court making a decision regarding a request for alimony shall consider:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each in the dissolution of marriage.
(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) 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.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) 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.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
Pursuant to the March 2010, statutory amendments; short, moderate and long term marriages, the types of alimony and which types of alimony are considered appropriate based upon the length of the marriage are now defined.
a) A short-term marriage is a marriage of less than 7 years
b) A moderate-term marriage is a marriage of greater than 7 years but less than 17 years
c) A long-term marriage is a marriage having a duration of 17 years or greater.
Bridge-the-Gap Alimony: Now statutorily recognized and defined, may be awarded to financially assist one spouse from transitioning from the marital relationship and its attendant financial support to a single income household. The length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or remarriage of the party receiving alimony. Bridge-the-gap alimony shall not be modifiable in amount or duration.
Rehabilitative Alimony: 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.
To obtain rehabilitative alimony a plan detailing the specific and defined rehabilitative plan must be submitted or otherwise proved up to the court.
An award of rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan ordered, or upon completion of the rehabilitative plan.
Durational Alimony: A newly recognized and statutorily defined type of alimony which may be awarded when permanent alimony is inappropriate. The purpose of durational alimony is to provide a party with financial assistance for a set period of time following a marriage of short or moderate duration. 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. The length of durational alimony may not be modified absent exceptional circumstances and in any case may not be modified to last longer than the length of the marriage.
Permanent Alimony: 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. May be awarded following a marriage of long duration; a marriage of moderate duration if such an award is found to be appropriate under the circumstances of the case and in short duration marriages if there are exceptional circumstances.
Permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.
Permanent alimony may be modified in amount or terminated based upon a substantial change in circumstances and/or the finding of a supportive relationship between the party receiving the alimony and another person.
It should be noted that the March, 2010, statutory amendments may not serve as a basis to modify alimony awards entered before July 1, 2010, or as a basis to change amounts or duration of awards existing before July 1, 2010.
Alimony, in its simplest form, is a sum of money paid by one divorcing party to the other party. The purpose of alimony is to provide financial support to the economically disadvantaged spouse. Entitlement to alimony and the amount of alimony depends upon numerous factors, by statute a court making a decision regarding a request for alimony shall consider:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each in the dissolution of marriage.
(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) 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.
(g) All sources of income available to either party.
In addition, the court may consider any other factor necessary to do equity and justice between the parties.
Initially for alimony to be awarded it must be requested by at least one of the parties to the divorce. There are primarily five types of alimony in Florida; Temporary Alimony, Permanent Periodic Alimony, Rehabilitative Alimony, Bridge the Gap Alimony and Lump Sum Alimony.
Temporary Alimony: Is financial support that one of the parties is ordered to pay to the other during the pendency of the divorce proceedings and is generally designed to permit each party to continue to live in a lifestyle, as close as possible, to how the parties where living just prior to the divorce action being filed. Many times this type of alimony does not manifest itself in a direct payment of money from one spouse to the other but through third parties such as one spouse being ordered to continue to satisfy the monthly mortgage payments of the marital residence while the other spouse is awarded exclusive use and possession of that residence. Temporary Alimony unlike the other types of alimony is the least dependent upon the length of the marriage and can be ordered even in very short duration marriages due to its non permanent nature.
Permanent Periodic Alimony: What most individuals have knowledge of and/or familiarity with, is alimony paid from one spouse to the other over the lives of the spouses. Whether or not such alimony will be awarded depends greatly upon the length of the parties’ marriage, the roles and responsibilities of each party within the marriage when it was intact, the separate income of each party and the health and age of the parties at the time the award of alimony is considered. Under current case law marriages of less than seven years would not generally qualify for an award of Permanent Periodic Alimony to either spouse unless there were mitigating circumstances such as the disability or poor health of one spouse that prevents that spouse from obtaining employment and in most circumstances that disability would have had to occur during the marriage. Marriages of fifteen years or greater duration would typically allow for an award of Permanent Period Alimony where there is disparity of income between the spouses and Rehabilitative and/or Lump Sum Alimony are not available or equitable in the case. Marriages of between seven and fifteen years of duration represent a gray area wherein Permanent Periodic Alimony may or may not be awarded and such awards or the denial of such alimony awards are very case fact specific. However, marriages of the gray area duration can result in an award of Rehabilitative and/or Bridge the Gap Alimony if the facts of the case justify such an award.
Rehabilitative Alimony: is alimony awarded over a set amount of time to allow the economically challenged spouse to obtain training or education which in turn will provide that spouse with employable skills or enhance existing employable skills. An example of when such an award of alimony may be awarded is where the recipient spouse may have placed their career on hold to take care of other responsibilities within the marriage, such as home making, but could become financially self supporting with additional education or training within that party’s prior career field. Rehabilitative alimony requires that a plan detailing the nature of the rehabilitation and its attendant costs be submitted or otherwise proved up to the court.
Bridge the Gap Alimony: is alimony awarded to financially assist one spouse from transitioning from the marital relationship and its attendant financial support to a single income household. This type of alimony is usually short in duration, rarely exceeding two years and more likely to last only a few months. An example of when Bridge the Gap alimony may be awarded is where the recipient spouse may have an income which would allow him or her to be self supportive but it is determined that financial assistance is needed by that spouse to set up a new household and equity dictates that such an award would be appropriate.
It should be noted that all types of alimony may be paid over a set period of time in set intervals, at one time, in a lump sum or through a combination of both.
Alimony/Spousal Support for Alimony Awards Ordered After July 1, 2010
Florida law was amended with regard to alimony and spousal support during March of 2010. The amendments enacted apply to all initial awards of alimony entered after July 1, 2010, and modifications of such awards entered after that date. To a large extent the 2010 amendments codify elements of case law that where considered by the courts in earlier cases regarding alimony awards.
Just as before the amendments; alimony, in its simplest form, is a sum of money paid by one divorcing party to the other party. The purpose of alimony is to provide financial support to the economically disadvantaged spouse. Entitlement to alimony and the amount of alimony depends upon numerous factors, by statute a court making a decision regarding a request for alimony shall consider:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each in the dissolution of marriage.
(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) 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.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) 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.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
Pursuant to the March 2010, statutory amendments; short, moderate and long term marriages, the types of alimony and which types of alimony are considered appropriate based upon the length of the marriage are now defined.
a) A short-term marriage is a marriage of less than 7 years
b) A moderate-term marriage is a marriage of greater than 7 years but less than 17 years
c) A long-term marriage is a marriage having a duration of 17 years or greater.
Bridge-the-Gap Alimony: Now statutorily recognized and defined, may be awarded to financially assist one spouse from transitioning from the marital relationship and its attendant financial support to a single income household. The length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or remarriage of the party receiving alimony. Bridge-the-gap alimony shall not be modifiable in amount or duration.
Rehabilitative Alimony: 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.
To obtain rehabilitative alimony a plan detailing the specific and defined rehabilitative plan must be submitted or otherwise proved up to the court.
An award of rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan ordered, or upon completion of the rehabilitative plan.
Durational Alimony: A newly recognized and statutorily defined type of alimony which may be awarded when permanent alimony is inappropriate. The purpose of durational alimony is to provide a party with financial assistance for a set period of time following a marriage of short or moderate duration. 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. The length of durational alimony may not be modified absent exceptional circumstances and in any case may not be modified to last longer than the length of the marriage.
Permanent Alimony: 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. May be awarded following a marriage of long duration; a marriage of moderate duration if such an award is found to be appropriate under the circumstances of the case and in short duration marriages if there are exceptional circumstances.
Permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.
Permanent alimony may be modified in amount or terminated based upon a substantial change in circumstances and/or the finding of a supportive relationship between the party receiving the alimony and another person.
It should be noted that the March, 2010, statutory amendments may not serve as a basis to modify alimony awards entered before July 1, 2010, or as a basis to change amounts or duration of awards existing before July 1, 2010.
Site Information |
Social Media |
Contact UsThe Via Jardin
330 Clematis Street, Suite 222 West Palm Beach, FL 33401 Tel: 561-653-3951 Fax: 561-653-3953 |
Search Our Site |
Site Design by: Third Eye Graphic Solutions | In Partnership with: ibi Marketing