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Office Located in Central Florida, Lake County, Florida
Accepting Cases in  Orange, Seminole, Lake, Sumter, Marion and adjacent Counties

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What is alimony or spousal support in Florida?

Alimony or Spousal Support in Florida is typically a monthly obligation, similar to child support, wherein one party is required to continue supporting the other party for a specific period of time. However, the Court can order lump sum payment, periodic payments or a combination thereof. There are four kinds of Alimony (spousal support) in Florida: Bridge-the-Gap, Rehabilitative, Durational and Permanent Periodic (a court can also award Temporary Support during the pendency of a case). Alimony is typically only paid when one person is unable to support themselves and needs assistance from the other person, who must also have the ability to pay that alimony. It is only paid in divorce cases. Florida does not have "palimony" - support paid when someone is not married. In order for someone to be awarded Alimony, they must have a legitimate need for the support payment, and the other person must have the ability to pay. Also, there is no set formula in Florida for the calculation of spousal support. Therefore, the variables are nearly unlimited, and the award of spousal support in one case can greatly vary from the award of spousal support in another. In general, the more equal the parties are, financially speaking, the less likely alimony will be awarded. And the more unequal the parties are, financially speaking, and the longer the duration of the marriage, the more likely some form of alimony will be awarded. Additionally, adultery of either spouse and the circumstances thereof can be considered by the court in determining the amount of alimony to be awarded, if any, even though generally Florida is a No-Fault State.

When is someone entitled to alimony or spousal support in Florida?

An entitlement to spousal support can take many forms and, again, has many variables. First and foremost in any determination of alimony or spousal support is whether either party has an actual need for alimony and whether the other party has the ability to pay alimony. If the court determines that there is both a need and ability to pay, then the court can consider factors such as standard of living, duration of the marriage, the physical and emotional condition of each party, the earning capacity of each party, the financial resources of each party (both marital and non-marital), and many other factors, including, the adultery of either spouse. It is very important to remember that this is one of the few areas of a divorce that adultery can impact, depending on the circumstances thereof. Additionally, when speaking of the duration of the marriage, there are three types of marriages: short term, moderate term and long term. The term of the marriage is determined as the length of time from the date the parties were married until the date of the filing of the divorce action. A short term marriage is less than 7 years; a moderate term marriage is more than 7 years, but less than 17, and a long term marriage is 17 years or greater.

Typically, if it is a short term marriage (less than 7 years) and the person has a decent job, worked during the marriage, and can support themselves, then they most likely would have no entitlement to spousal support. This doesn't mean that they can't get spousal support. Every case is different. However, the longer the term of the marriage and the greater the difference between the parties' two incomes and earning capabilities, the more likely some form of alimony will be awarded, but generally only IF there is a need and ability to pay. The payment of spousal support ALWAYS requires there to be a need and an ability to pay. However, the Judge's definition of "need" and "ability to pay" can greatly vary from that of the parties involved! Therefore, if you are facing a situation where you think you may have the possibility of being required to pay Alimony or Spousal Support, it is strongly encouraged that you speak with an experienced Family Law Attorney in order to assess your likelihood of being required to pay alimony, as well as potentially how much that alimony might be (and for how long). My office offers free, initial telephone consultations if you would like to explore this issue, as well as other potential issues related to your dissolution matter. If you would like to schedule a free, initial telephone consultation, please do not hesitate to contact my office.

What are the different types of Alimony or Spousal Support in Florida?

There are four kinds of Alimony (spousal support) in Florida: Bridge-the-Gap, Rehabilitative, Durational and Permanent Periodic. Any of these can be ordered to be paid either via a lump sum payment or monthly payments or a combination of the two. Additionally, temporary alimony or maintenance can be awarded during the duration of the divorce proceedings until a final determination is made by the Judge (or by agreement).

Bridge-the-Gap Alimony - is exactly that, a payment that is made for a certain period of time to help the other party adjust or "get on their feet" following separation. It might be for three months, or six months, or a year or more. Every case is different. It can be awarded whether it is a "short term" marriage, a "moderate term" marriage or a "long term" marriage, depending on the needs and abilities of the parties involved. It is designed to assist the party that has a need with transitioning from being married to being single and meeting legitimate, identifiable short-term needs. It cannot exceed two years and is not modifiable in amount or duration, unless one party dies or remarries.

Rehabilitative Alimony - is a monthly payment that is made for a certain period of time while that person learns a new trade or finishes their education or something similar in order to have the ability to better support themselves. In order to qualify for Rehabilitative Alimony, there has to be a specific and realistic plan developed which would have to be submitted to the Judge for approval. A person will not be awarded Rehabilitative Alimony just so that they can "go back to school in the near future." A specific and realistic plan for someone might be going back to school for two years to finish their degree, showing that they've already been accepted into the program, and detailing this plan, clearly and concisely, to the Judge, along with all necessary financial aspects. If the Judge approves the plan and all of the other necessary factors are there, then usually Rehabilitative Alimony will be awarded (but again, only if there is a legitimate need and ability to pay). Also, Rehabilitative Alimony is typically only awarded if it is a "moderate term" marriage or a "long term" marriage and, of course, depends on the age of the parties. However, depending on the circumstances, it is possible that it would be awarded even if it is a "short term" marriage (although the shorter the term, the less likely). It is important to note that if a party is awarded Rehabilitative Alimony and fails to comply with the terms of their rehabilitation plan, this can be grounds for termination or modification of the Rehabilitative Alimony award.

Durational Alimony - is alimony that is paid for a specific duration that is longer than two years. It was created by the Florida Legislature effective July 1, 2010. It did not previously exist. It is now available to be awarded when Permanent Periodic alimony is not appropriate. This can be very beneficial to the paying spouse who previously might have been ordered to pay permanent alimony, when a permanent need really did not exist, but one longer than a few years did. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of "short" or "moderate" duration. It terminates upon the death or remarriage of the party, and cannot exceed the length of the marriage. It may also be modified or terminated if the financial circumstances of either party substantially change and upon proper application to the Court.

Permanent Periodic Alimony - is essentially what the name implies. It is a monthly payment that is "permanent", and which would typically only conclude upon the receiving individual getting remarried or dying. Permanent alimony is typically awarded to provide for the needs and necessities of the lesser earning (or no earning) spouse following a divorce and is generally only awarded in "long term" marriages, unless, after consideration of the various factors, which would include infidelity, the court finds that it is appropriate following a "moderate term" marriage. However, in the most extreme circumstances, it could even be awarded in a "short term" marriage (such as if one party becomes totally disabled during the marriage and will never be able to support themselves and the other party has a clear ability to pay the support). Again, everything depends on the needs and abilities of the parties involved, combined with the other factors the court must consider. It should be noted though that even if the award is "permanent", if there is a "substantial change in circumstances" that was not contemplated at the time the alimony was awarded (such as being laid off and only being able to obtain a much lesser paying job), it is possible to modify Permanent alimony. It can also be modified if the receiving party enters into a supportive relationship (which in and of itself has multiple defining factors and is more than just having a significant other and residing together).

When am I entitled to a modification of my Alimony or Spousal Support obligation?

The answer to this question depends significantly on the type of alimony that was originally awarded. If the alimony awarded is Bridge-the-Gap, then it is not modifiable in amount or duration unless one party re-marries or dies. Similarly, an award of Temporary Alimony or Support typically will not be modified until the case is finalized at a Final Judgment hearing or Trial, unless agreed upon between the parties. However, if there is a significant change in circumstances, such as a catastrophic job loss that continues for an extended period of time, it is possible to apply to the court for a reduction of any prior Temporary Support award.

On the other hand, Durational, Rehabilitative and Permanent Periodic Alimony can all be modified if there is a substantial change in circumstances that was not foreseen at the time the Alimony was ordered or agreed to, such as a job loss, extended illness, disability, retirement once the appropriate age is reached or some other occurrence that significantly reduces the payors earning ability and which is not just a temporary reduction. Additionally, if someone remarries or enters into a supportive relationship, the alimony obligation can be modified. This does not necessarily mean that the alimony obligation will cease. It simply means that it can be reduced if the appropriate factors and circumstances exist. Also, a supportive relationship must be more than someone just living together with someone else with whom they are intimate. Typically, it requires bank accounts to be shared, bills to be shared, bills or assets (like vehicles) to be in both names, etc. etc. There must be a comingling of finances and financial support being received in most circumstances.

If you think that you might qualify for a modification of a prior spousal support award (whether Permanent, Durational or any other type), it is strongly encouraged that you speak with an experienced Family Law Attorney in order to assess your likelihood of qualifying for a modification and properly applying to the court for that modification. My office offers free, initial telephone consultations if you would like to explore this issue, as well as other potential issues that might pertain to your case. If you would like to schedule a free, initial telephone consultation, please do not hesitate to contact my office.

Your Question Directly to An Attorney

Your Question Directly to An Attorney

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