Alimony Reform in Florida

The current alimony laws “on the books” in Florida have been under recent attack. Although major changes were approved by the legislative branch of the government last year, the Governor issued a veto at the “11th hour.”

You should expect to see a further attempt to pass some significant changes to the alimony laws this year as well.

Currently, there are four categories of alimony that an individual may be entitled to receive. None of the categories are mutually exclusive; a recipient may qualify for more than one type.

On short term marriages, those of which have a duration of less than 7 years, bridge-the-gap alimony may be appropriate. This type of alimony is to assist an individual with certain identifiable needs, and to assist one from making the transition from married life to single life. Bridge-the-gap alimony may not exceed a period of two (2) years, and is not modifiable once awarded.

Rehabilitative alimony may be awarded to an individual in order to give them the appropriate education or training to become self sufficient. The presentation of a specific plan of rehabilitation, along with the cost, is required.

Durational alimony is available to an individual who has been involved in a short term or moderate term marriage. A moderate term marriage is one of over 7 years, but less than seventeen (17) years. The length of the award of durational alimony cannot exceed the length of the marriage. The amount of the award is subject to modification, but the length of the award is not, subject to exceptional circumstances.

A long term marriage, one in which the duration is in excess of 17 years, entitles one to become a candidate for permanent alimony. The Court is required to make a finding that no other form of alimony is fair and equitable between the parties if it is the intention of the Court to make this type of award. Permanent alimony is subject to modification, and it terminates upon the death of the recipient or the payor.

When the issue of alimony is presented to a Court, the Court is required to examine several factors in determining the appropriate amount and type of support. The court will examine the following factors:

1. Standard of living of the parties.
2. Duration of the marriage.
3. Age of each of the parties, along with the emotional and physical health of each
4. Financial resources available to both parties
5. Education of each of the parties; vocational skills, earning capacities
6. Contribution to the marriage, including services rendered for homemaking and
7. raising children, and assisting the other in building their career.
8. Tax treatment of any alimony awarded, such as whether it will be taxable to the recipient or not.
9. Income from any sources available to each party
10. Responsibilities for minor children after the divorce
11. Any other factor necessary to do justice between the parties

If you wish to examine the alimony statute in Florida in more detail, you can find it under Florida Statute 61.08.

More detailed information, specific to your individual situation, can also be obtained by calling me directly at 954-229-1660. I will be more than happy to discuss your case with you, free of charge.