Alimony/Spousal Support Overview
Alimony/Spousal Support for Alimony Awards Ordered on or After to July 1, 2023
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. Initially, there must be a finding that the spouse requesting alimony has an actual need for the alimony and the other spouse has the financial ability to pay the same. By statute a court making a decision regarding a request for alimony shall consider:
(a) The duration of the marriage.
(b) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
(c) The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the recipient spouse's ability to provide for his or her own needs or the payor spouse's ability to pay alimony and whether such conditions are expected to be temporary or permanent.
(d) The resources and income of each party, including the income generated from both non-marital and marital assets.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.
(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 whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.
(h) Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact which may include the existence of a supportive relationship between a party and a third person and/or the adultery of either party.
There are primarily four types of alimony in Florida; Temporary Alimony, Bridge the Gap Alimony, Rehabilitative Alimony, and Durational Alimony with Permanent Alimony all but being eliminated.
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.
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 and may not exceed two years, it terminates upon the death of either party and it is not modifiable in duration. 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.
Rehabilitative Alimony: is alimony awarded over a set amount of time, not to exceed five years, 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. Rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan if the plan is completed before the length of the award of rehabilitative alimony expires.
Durational Alimony: is alimony awarded to provide a party with economic assistance for a set period of time based upon the length of the parties marriage. For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. 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. Durational alimony may not be awarded following a marriage lasting less than 3 years. An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage unless there are exceptional circumstances.
The amount of durational alimony is the amount determined by the recipient spouse's reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ respective net incomes, whichever amount is less. The award of alimony may not leave the payor spouse with significantly less net income than the net income of the recipient spouse unless there are exceptional circumstances. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstance.
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, 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. Initially, there must be a finding that the spouse requesting alimony has an actual need for the alimony and the other spouse has the financial ability to pay the same. By statute a court making a decision regarding a request for alimony shall consider:
(a) The duration of the marriage.
(b) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
(c) The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the recipient spouse's ability to provide for his or her own needs or the payor spouse's ability to pay alimony and whether such conditions are expected to be temporary or permanent.
(d) The resources and income of each party, including the income generated from both non-marital and marital assets.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.
(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 whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.
(h) Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact which may include the existence of a supportive relationship between a party and a third person and/or the adultery of either party.
There are primarily four types of alimony in Florida; Temporary Alimony, Bridge the Gap Alimony, Rehabilitative Alimony, and Durational Alimony with Permanent Alimony all but being eliminated.
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.
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 and may not exceed two years, it terminates upon the death of either party and it is not modifiable in duration. 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.
Rehabilitative Alimony: is alimony awarded over a set amount of time, not to exceed five years, 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. Rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan if the plan is completed before the length of the award of rehabilitative alimony expires.
Durational Alimony: is alimony awarded to provide a party with economic assistance for a set period of time based upon the length of the parties marriage. For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. 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. Durational alimony may not be awarded following a marriage lasting less than 3 years. An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage unless there are exceptional circumstances.
The amount of durational alimony is the amount determined by the recipient spouse's reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ respective net incomes, whichever amount is less. The award of alimony may not leave the payor spouse with significantly less net income than the net income of the recipient spouse unless there are exceptional circumstances. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstance.
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.
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