Spousal Support/ Alimony
Financial distress is a major concern for both spouses during and after a divorce. Splitting assets and dividing property can be challenging and maintaining the pre-divorce standard of living can be extremely difficult. At The Thorpe Law Firm, P.A., our goal is to protect your financial interests after a divorce. Whether collecting unpaid spousal support or defending against the unreasonable expectations of the ex-spouse, we fight to protect our client’s rights.
Alimony, also known as spousal support, is money paid by one spouse to the other spouse to supplement income during and after a divorce. It is intended to bridge the gap between the incomes of the parties and to secure a particular standard of living after divorce.
Calculating alimony in Florida can be extremely unpredictable. Unlike other states, where strict guidelines are in place to determine alimony, Florida leaves this decision to the individual judge. Florida judges are required by statute to take into consideration a number of different factors, including (but not limited to):
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
- 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.
- 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 they have in common.
- 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.
- All sources of income available to either party, including income available to either party through investments of any asset held by that party.
- Any other factor necessary to do equity and justice between the parties.
Marriage Duration
In 2010 the Florida Legislature amended existing laws and made standard across the state what many judges where already following regarding the length of marriage. The changes apply to all alimony awards entered on or after July 1, 2010. The new law cannot be used as the basis for a modification of an alimony award determined that date. The changes bring some clarity to what has long been a vague area of family law.
Basically, marriages in Florida are divided into three categories of duration, with more concrete time frames provided for categorizing a marriage’s duration. The new law lengthens the amount of time the marriage must last before a strong claim can be made for permanent alimony.
- Short-term: less than seven years of marriage;
- Moderate: between seven and 17 years;
- Long-term: more than 17 years of marriage.
Alimony
The revised statute divides alimony into the following:
- Bridge-the-Gap Alimony: This type of alimony provides support to allow a party to transition from marriage to single life, helping with short-term financial needs. This form of alimony cannot exceed two years and cannot be modified after it is awarded. In other words the court cannot increase the amount, nor can they lengthen the period to be paid.
- Rehabilitative Alimony: This type of alimony is to help a party become self-supporting by redeveloping previous skills or acquiring new skills through education or training. For example, this type of alimony is intended to allow an individual to return to school for a new career, improve job skills, or take a refresher course. The underlying purpose is to increase or establish the income of a non-working spouse or a spouse that does not earn enough to be self-sufficient. A rehabilitative alimony award requires a written rehabilitation plan. For example, a plan can consist of a budget for a college degree along with necessary living expenses.
- Durational Alimony: This type of alimony is new in Florida. It is a short-term alimony award that would be appropriate if none of the other categories are suitable. The new statute suggests that Moderate Term marriages (7 to 17 years) would be appropriate for Durational Alimony. This form of alimony is paid for a court-determined length of time not to exceed the length of the marriage itself. A durational award may be later modified in amount but not in length.
- Permanent Alimony: This type of alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage for the party who lacks the financial ability to meet his or her own needs following a divorce. Permanent alimony will most likely be awarded only for long-term marriages (greater than 17 years). Permanent alimony for a moderate duration marriage may be awarded if such an award is appropriate under the statutory factors. Permanent alimony is only appropriate after a short-term marriage if there are exceptional circumstances.
Temporary Alimony
A “fifth” type of alimony, “pendente lite alimony”, is unaffected by the revisions to Fla. Stat. 61.08. Pendente lite alimony, known as temporary alimony in Florida, is provided for in a different statute, Fla. Stat. 61.071. Temporary alimony is money given from one spouse to the other for their support during the divorce proceedings.
The judge can award temporary alimony when a couple has separated, but has not yet divorced, or if the divorce is not yet finalized through the court system. Temporary alimony allows the receiving spouse to maintain a certain standard of living while adjusting to the reality of a marital breakdown. For example: if one spouse moves out of the marital home, therefore taking the initial step to dissolve the marriage, the other spouse may need funds available to pay the mortgage, utilities, etc. “Temporary alimony” would allow this spouse to carry on despite the immediate situation.
