Alimony

Alimony is a legal obligation on a person to provide financial support to their spouse pursuant to a divorce. Whether you are entitled to receive alimony or are obligated to pay alimony depends on 2
things:

(1)        how long the marriage lasted, and

(2)        whether one spouse has a need for alimony and the other has the ability to pay it.

length of the marriage:

Whether alimony is appropriate in a given case depends on the length of the marriage. In Florida, there is a rebuttable presumption that a spouse in a long-term marriage (more than seventeen years) will pay alimony. For medium-term marriages (from seven to seventeen years), alimony may be appropriate but it is not presumed. For short-term marriages (less than seven years) there is a rebuttable presumption that no alimony should be awarded. However, there are some cases where alimony may be appropriate in short-term marriages or may not be appropriate in long-term marriages.

Need vs Ability to Pay:

Section 61.08 is Florida’s Alimony Statute and it is here where a court will turn when deciding whether alimony is appropriate in a given divorce case. Section 61.08(2) provides that the court must assess whether one party has the need and the other party has the ability to pay alimony in a given case. In doing so, the Court must consider all relevant facts, including the following statutory factors:

(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, including the nonmarital and the marital assets and liabilities distributed to.

(E)        The earning capacities, educational levels, vocational skills, and employability of the parties and, 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.

Florida recognizes several different types of alimony which may be awarded depending on the circumstances. This includes: durational, temporary, bridge-the-gap, rehabilitative, and even permanent alimony.

If you are in the midst of a divorce and are requesting alimony or your spouse is requesting alimony, contact us so you know whether you are entitled to receive or pay alimony.