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Alimony

Alimony

Alimony is designed as a tool for courts to require a spouse with greater financial capacity to support a former spouse until he or she is able to establish the ability to support him or herself. Although this tool is being used less and less frequently, it is still available to courts and is often badly needed

 

Under Florida law, alimony is money being paid from one former spouse to the other. It can take many different forms such as the following:

Temporary alimony – This is an award of alimony during the divorce proceeding, also known as alimony pendent lite.  This award is automatically terminated upon the entry of the formal divorce decree and may be replaced by one of the other types of alimony.

 

Bridge-the-gap alimony – This is transitional alimony.  It is intended to help a spouse go from being married to being single by allocating the funds necessary to pay foreseeable and identifiable bills associated with re-starting a life without a spouse.

 

Rehabilitative alimony – After a divorce, a spouse may need to pursue a specific educational programs or acquire new vocational skills training in order to obtain employment that will allow him or her to be self-sufficiency.  When a court grants a party rehabilitative alimony, the order shall include a specific plan.  For instance, a person may decide to complete a nursing program which was put on hold during the marriage. The plan will include the estimated length of time of the program, associated costs, required time and the period of time before the former spouse achieves self-sufficiency.  The spouse receiving or paying the alimony may petition for a modification of the order if circumstances change or the receiving spouse deviates significantly from the plan.

 

Durational alimony – This often is awarded in the instance of a short or moderate-term marriage.  The money awarded is a set amount to be paid over a pre-determined period , not to exceed the length of the marriage.  Therefore, if the couple getting a divorce was married for three (3) years, the award of durational alimony will not exceed 3 years.  Either of the former spouses may file for a modification of the alimony award if there is a substantial change in circumstances, but modification only will apply to the amount of the alimony and not the duration of payments.

 

Permanent alimony – This award is usually awarded in moderate and long-term marriages and will only be awarded for a short-term marriage under extraordinary circumstances.  Permanent alimony is available to a spouse who does not have the ability to recreate the lifestyle established within the marriage with concerning the couple’s basic and general necessities.  This is a very subjective standard as the court will review the couple’s life during the marriage to inform its decisions concerning alimony.  A court may award enough alimony to permit a person with an extravagant lifestyle to maintain it after the divorce if the financial resources are available. 

 

A court may modify permanent alimony in the future if there is a significant change in circumstances or if the spouse receiving the alimony enters into a relationship where he or she is receiving support from someone whom he or she is cohabitating who is not a relative.

 

Although people often think of alimony as a monthly payment, it can be awarded in a lump sum or be a combination of the two.  In making a determination of whether or not to award alimony, the court may consider non-monetary factors.

 

Alimony is a means to level the playing field.  The length of a marriage is a crucial factor in determining alimony.  Marriages may be classified as short, moderate, or long-term.  These are broken down as follows:

 

Short-term – A marriage that lasted fewer than seven (7) years;

Moderate-term or Gray Area – A marriage that lasts 7 or more years, but fewer than seventeen (17) years;

 

Long-term – A marriage that lasts 17 or more years.

 Bridge-the-gap, durational, and permanent alimony terminate upon the death of either the payor or the recipient spouse.  If the alimony recipient remarries, the alimony will likely terminate. This does not apply to rehabilitative alimony.