Spousal Support, also known as ALIMONY, can be a complex issue in a divorce. Florida Statute 61.08 addresses alimony View Statute Here along with the ten (10) factors in determining whether to award alimony. The courts consider alimony on an individual basis and will analyze the ten (10) different factors when awarding alimony / spousal maintenance. It is important to work with a lawyer who understands how these factors apply to the facts of your case.
William “Bill” Lazarchick will help you understand your rights and obligations regarding alimony, while guiding you through the process. To discuss your case with an experienced attorney at our law firm, call us at (561) 727-3625.
During a Dissolution of Marriage, the court may grant alimony to either of the spouses if one of the parties has a need for financial maintenance and the other is able to pay. The court considers eight (8) different factors, including:
- The duration of the marriage.
- 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.
- 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 obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.
- The resources and income of each party, including the income generated from both nonmarital and marital assets.
- 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.
- 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.
- 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.
- Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for in s. 61.14(1)(c)1.
For the purposes of determining alimony, the courts consider a short-term marriage to have a duration of less than ten years, a moderate-term marriage to have a duration of between 10 and 20 years, and a long-term marriage to have a duration of 20 years or longer.
The various types of alimony, include:
- Temporary alimony: Support is paid while the divorce is pending.
- Bridge-the-gap alimony: Allows a party to make a transition from being married to being single. The length of an award may not exceed two years.
- Rehabilitative alimony: Is designed to help an individual party get educated or prepare for a new line of work. A plan must be submitted to the court for rehabilitative alimony.
- Durational alimony: May be awarded to provide a party with economic assistance for a set period of time. Durational alimony may not be awarded following a marriage lasting less than 3 years. In 2023, the Florida alimony statute was revised creating a specified time frame for an award of durational alimony based upon the length of the marriage. 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. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of factors contained in Florida Statute 61.08.
In 2023, the Florida alimony statute was also revised creating a calculation/guideline for determining the amount of alimony to be awarded. The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less. Net income shall be calculated in conformity with s. 61.30(2) and (3), excluding spousal support paid pursuant to a court order in the action between the parties. - Permanent periodic alimony: Permanent alimony may be 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.