Types of Florida Alimony Awards
Even after a marriage ends, the obligation of one ex-spouse to the other may continue for years, or even a lifetime. Florida courts may grant alimony as a part of marriage dissolution proceedings.
November 28, 2012
Types of Florida alimony awardsEven after a marriage ends, the obligation of one ex-spouse to the other may continue for years, or even a lifetime. Florida courts may grant alimony as a part of marriage dissolution proceedings.
Alimony, which is support paid from one ex-spouse to the other, comes in several different varieties. Some alimony awards are permanent, while others are intended to last only until the person receiving the alimonycan be self-supporting.
Bridge-the-gap alimony
To help transition from married to single life, some ex-spouses receive bridge-the-gap alimony. This type of alimony is appropriate when the recipient has specific short-term needs. It lasts no longer than two years and ends automatically either when the ex-spouse dies or when the recipient remarries. An order for bridge-the-gap alimony cannot be modified.
Rehabilitative alimony
An order for rehabilitative alimony specifies a plan for the party receiving the alimony, designed to help that party develop employment skills or brush up on skills that may have lain dormant during the marriage. It is possible to modify or stop rehabilitative alimony if circumstances change, the recipient fails to follow the plan or the recipient completes the plan.
Permanent alimony
When a party cannot meet the necessities of daily life after a marriage lasting 17 years or more, permanent alimony may be awarded. The amount of alimony should be enough to fulfill the needs that were established during the marriage.
Sometimes permanent alimony can be awarded after a shorter marriage if there are special circumstances. A substantial change in circumstances or new relationships may be factors that can lead to a modification of the permanent alimony award.
Durational alimony
When a couple gets divorced after being married for less than 17 years, a party can receive durational alimony, which lasts for a set period of time. The amount of the alimony can be changed, but the duration cannot be altered.
Some factors considered in awarding alimony
Under Florida law, judges can take into account whether either party committed adultery, along with practical and financial considerations. Of course, the length of the marriage and standard of living established during the marriage are important factors to consider.
Some other considerations include both spouses' emotional and physical health, financial resources, skills and employability, earning capacity and sources of income. Contributions to the marriage such as childcare, support of the other spouse's career development and homemaking are evaluated.
In calculating the amount of alimony, courts also look at tax liabilities for both parties. In general, it is desirable to come to an equitable alimony amount that is fair to both parties.
An experienced attorney specializing in family law can explain more thoroughly the ins and outs of Florida alimony law and can advocate for a result that is reasonable, for both the paying and receiving spouse.
Article provided by Anne E. Raduns, PA
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