Will I Receive Alimony in My Florida Divorce?

Your life will likely change significantly following a divorce. Depending on your circumstances, you may have to move to a different home, divide up some of your valued possessions, and have to share custody of your children. Florida courts recognize the difficulties divorce may present and try to make divorce as fair and equitable as possible for both parties, depending on the particular circumstances in each case. One tool the court uses to even the playing field after a divorce is alimony, also known as spousal support or maintenance. Alimony is financial payment from one former spouse to another.

Many spouses sacrifice educational or professional opportunities for the sake of the marriage, family, and household. For example, a husband may decide to stay at home to take care of the children so his wife can pursue advanced degrees and high-paying jobs. If the couple gets divorced, he may have significantly fewer economical and professional opportunities than his wife due to his sacrifice, at least for a certain period of time. In such cases, the court may require the wife to pay alimony to the husband until he can adequately support himself.

Types of Alimony

Alimony determinations are regulated by law in the state of Florida. Under Florida Statute Section 61.08, a court may award one of four types of alimony:

1. Bridge-the gap: Short-term alimony for up to two years to make the married-to-single transition easier;
2. Rehabilitative: To help one spouse support themselves for a limited time while they take the necessary steps to support themselves, and the spouse requesting alimony must present a rehabilitative plan to the court, which may involve school or job training;
3. Durational: Support for a limited period of time, but does not require that one spouse submit a rehabilitative plan;
4. Permanent: Long-term payments, which are usually reserved for longer marriages; permanent alimony is used to allow a spouse to enjoy the standard of living experienced during the marriage. Permanent alimony is most often awarded to an older spouse, or a spouse who cannot work due to illness or other factors.

Factors for the Court

In order to decide whether to award alimony and which type to award, the law advises the court to consider numerous factors, including:

• The length of the marriage;
• Standard of living enjoyed during the marriage;
• Age, health, and abilities of the spouses;
• Division of assets in the divorce;
• Each person’s contribution to the marriage, including both financial contributions as well as childcare, tending to the household, supporting the other party, and more;
• Custodial arrangements;
• The education, skills, employment prospects, and earning capacity of each spouse;
• Other sources of income, such as investments or insurance policies;
• Any other factor the court considers relevant for an equitable and fair determination.

As you can imagine, alimony requests are usually contested, so both spouses must argue their cases in court regarding the above factors. It is important to have an experienced family law attorney on your side to help handle alimony or any other matter that may arise during a divorce. If you are facing divorce in the Boca Raton or Ft. Lauderdale areas, call attorney Alan R. Burton today for help.