Understanding Alimony in Florida – Divorce Lawyers in Weston, Florida

Alimony, also known as spousal support, is crucial in many divorce proceedings. It involves payments from one spouse to another to provide financial support. Florida’s alimony laws ensure fairness and support for the needy spouse. This guide breaks down the Florida Statutes Title VI. Civil Practice and Procedure § 61.08. Alimony on alimony to make it easier to understand.

Types of Alimony in Florida

Florida law provides several forms of alimony, each designed to meet different needs:

• Temporary Alimony: Support provided during the divorce to help with immediate needs.
• Bridge-the-Gap Alimony: Short-term support to help transition from married to single life, not exceeding 2 years.
• Rehabilitative Alimony: Support to help a spouse gain education or training to become self-supporting, typically requiring a specific plan.
• Durational Alimony: Support for a set period, not to exceed the length of the marriage, often used in moderate-term marriages.

Florida 61.08 (1)(a) Alimony states:

“In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable. In an award of alimony, the court may order periodic or lump sum payments. The court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded.” Florida Statutes Title VI. Civil Practice and Procedure § 61.08. Alimony

Determining Alimony

The court considers multiple factors to decide whether to award alimony and which type is appropriate. Here’s a breakdown:

Need and Ability to Pay

• The spouse seeking alimony must prove they need financial support.
• The other spouse must have the ability to pay the alimony.

Factors Considered

The court will consider several factors to determine the appropriate type and amount of alimony:

• Duration of the Marriage:
  • Short-term: Less than 10 years
  • Moderate-term: 10 to 20 years
  • Long-term: More than 20 years
• Standard of Living: The lifestyle established during the marriage and how it can be maintained post-divorce.
• Age and Health: The physical, mental, and emotional condition of both spouses, including any disabilities.
• Financial Resources: Income and assets of both parties, including non-marital and marital assets.
• Earning Capacities: Both spouses’ educational levels, vocational skills, and employability.
• Contributions to the Marriage: Includes homemaking, child care, and other spouses’ career support.
• Parental Responsibilities: Consider responsibilities for any minor children, including children with disabilities.
• Any Other Relevant Factors: These include factors necessary for fairness and justice between the parties.

Florida 61.08 (7)(b) Alimony states:

(b) ”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 the factors in subsection (3) and upon consideration of all of the following additional factors:

1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.
2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.
3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.
4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.” Florida Statutes Title VI. Civil Practice and Procedure § 61.08. Alimony

Forms of Alimony

Each type of alimony serves different purposes and has specific conditions:

Bridge-the-Gap Alimony

• Purpose: Helps transition from married to single life.
• Duration: Cannot exceed 2 years.
• Termination: Ends upon death or remarriage of the recipient.
• Non-Modifiable: Cannot be changed in amount or duration.

Rehabilitative Alimony

• Purpose: Assists in gaining education or training.
• Plan Required: Must have a specific rehabilitative plan.
• Duration: Cannot exceed 5 years.
• Modification: Can be modified or terminated based on substantial changes in circumstances or completion of the plan.

Durational Alimony

• Purpose: Provides economic assistance for a set time.
• Termination: Ends upon death or remarriage of the recipient.
• Modification: Amount can be modified based on substantial changes; duration can only be modified under exceptional circumstances.
• Limits:
  • Short-term marriage: Up to 50% of the marriage length.
  • Moderate-term marriage: Up to 60% of the marriage length.
  • Long-term marriage: Up to 75% of the marriage length.

Additional Considerations

• Security for Alimony: The court can order the paying spouse to secure alimony with a life insurance policy or other assets to ensure payments continue in case of unforeseen events.
• Equitable Distribution: Alimony should not leave the paying spouse with significantly less net income than the receiving spouse unless exceptional circumstances are documented.
• Payment Methods: Alimony payments are typically directed through a depository to ensure proper tracking and enforcement.
• Modifications and Termination: Alimony can be modified or terminated based on changes in circumstances, such as either party’s financial status or needs.

Selecting a Weston, FL Divorce Attorney

Alimony in Florida is designed to ensure fairness and support for the spouse in need while considering the ability of the other spouse to pay. Understanding the types of alimony, the factors the court considers, and the specific conditions attached to each type can help individuals navigate the complexities of alimony in divorce proceedings. Consulting with a knowledgeable family law attorney can provide valuable guidance and support if you are going through a divorce and need assistance with alimony issues.

Going through a divorce can be one of the most stressful and emotionally challenging times in your life. If you are in Weston, Florida, and are facing this difficult process, having a dedicated and compassionate legal team is essential. Contact Gonzalez and Waddington, Weston, FL, divorce lawyers for assistance.

At Gonzalez and Waddington, we understand that each divorce case is unique and requires a personalized approach. Our team is committed to providing you the support and guidance you need during this challenging time. We are well-versed in Florida’s divorce laws and have a history of helping clients achieve favorable outcomes.

Hiring a Divorce Attorney in Weston, FL

Choosing Gonzalez and Waddington means having a team that genuinely cares about your well-being and future. We take the time to listen to your concerns, understand your goals, and develop a comprehensive plan to address all aspects of your case. Whether you are dealing with property division, alimony, child custody, or other divorce-related matters, we work tirelessly to ensure that your rights are protected and your interests are represented.

Our approach is centered on maintaining clear and open communication with our clients. We believe in keeping you informed and involved throughout the entire legal process, ensuring you feel supported every step of the way. Our goal is to not only navigate you through the legal complexities but also help you build a stable and positive future.

Don’t face the challenges of a divorce alone. Contact Gonzalez and Waddington, Weston, FL, divorce lawyers today to schedule a consultation. Let us help you navigate this difficult time with the dedication and care you deserve. With our support, you can confidently move forward, knowing that you have a committed ally advocating for your best interests.