There are 4 types of alimony that can be awarded in Florida: permanent alimony, rehabilitative alimony, bridge-the-gap alimony and lump sum alimony. Each type of alimony serves a different purpose.
Permanent alimony is more likely to be awarded in a long term marriage (generally defined by case law as 16 years or more years of marriage). The claim is usually based on there being a disparity of income between the parties and the party earning less money has a need for alimony to support themselves in the same standard of living enjoyed during the marriage. There must be a showing by the party seeking permanent alimony that the other party has the ability to pay the alimony amount requested.
Permanent alimony is sometimes awarded in “gray area” marriages (generally defined by case law as 9 to 15 years) and can in very rare occasions be awarded in short term marriages (generally defined by case law as a marriage 8 years or less).
Rehabilitative alimony is more typically awarded in “gray area” marriages and short term marriages . The party who is seeking rehabilitative alimony has to show the court that they have a plan of rehabilitation (such as attendance at college or vocational training). Often the rehabilitative claim is made by a party who has given up their education or job to raise children and now needs support so they can finish or reestablish themselves in the workforce with education and/or training
Bridge-the-gap alimony is a very short term of alimony (generally not more than 12 months) and is awarded to allow a party to ease the financial transition from married to single life.
Unlike child support, there are no alimony guidelines. Therefore, an award of alimony, if any, is decided by the Court considering Section 61.08 of the Florida Statutes. The court also considers case law from the Florida Supreme Court and Florida District Courts of Appeal in deciding entitlement to alimony, type of alimony, amount of alimony, and duration of alimony.
Included herein is part of the Florida Statutes on alimony which sets forth the factors that the court looks at in determining the alimony issue.
In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:
(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, the nonmarital and the marital assets and liabilities distributed to each.
(e) 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) All sources of income available to either party.
The court may consider any other factor necessary to do equity and justice between the parties.
Copyright © 2009 Steven A. Leitman*
Original posting on 904Divorce.com
*no copyright is asserted as to any
portion of the Florida Statutes
