Alimony

Alimony, also known as spousal support, is frequently a point of substantial contention in a divorce case. Furthermore, judges have a lot of discretion in determining whether a spouse should pay or receive alimony, and in what amounts.

Permanent Alimony is now a thing of the past. New legislation, effective as of July 1, 2023 has abolished permanent alimony. Interestingly, adultery of one spouse or the other is a new addition to the alimony legislation, which is now a relevant factor for consideration by the Courts. There is no doubt that the changes in the law, which apply to alimony, found in Florida Statute 61.08, will have a major impact in divorces in Palm Beach County, Broward County, Dade County, and throughout the State of Florida.

If you have questions or concerns about the role these new laws will play in your divorce, contact Alan R. Burton, Attorney at Law, to schedule a free and informative consultation. My telephone number is 954-295-9222. My e-mail address is alan@alanburtonlaw.com. I would be more than happy to discuss your questions and meet with you on short notice over Zoom.

Talk to an Experienced Palm Beach County Divorce Lawyer About the New Alimony Guidelines

The new Alimony Guidelines went into effect on July 1, 2023. In order for alimony to be awarded in a divorce case, the Court must first make a determination that the requesting spouse has an actual “need” for financial assistance and if the payor spouse has the ability to pay. Once a determination of need has been established, the Court will then consider whether the payor spouse has the financial “ability” to meet those financial needs, either in whole or in part.

The very new alimony legislation in Florida, now recognizes three types of alimony which are relevant in divorce cases. They are as follows:

• Bridge-the-Gap Alimony – This form of alimony is designed to ease the transition from being married to being single. It cannot exceed two years in duration.
• Rehabilitative Alimony – Rehabilitative alimony is designed to assist a party in establishing the capacity for self support. An award of this type of alimony cannot exceed five years in duration.
• Durational Alimony – This type of Alimony may be provided to a party who needs financial assistance for a set period of time. The period of time that durational alimony can be awarded is based on the length of the marriage.
• A short term marriage is a marriage in duration of less than 10 years. A moderate term marriage is one in duration from 10 years up to 20 years.
• A long term marriage is one having a duration of 20 years or longer. The length of the marriage is the focal point in determining how long durational alimony will be paid. In a short term marriage, durational alimony cannot exceed 50% of the length of the marriage; 60% of the length of a moderate term marriage; and 75% of the length of a long term marriage.

These points are just the highlights of the new alimony laws in Florida. There is much more detail included in the new legislation found in Florida Statute 61.08.

Contact Alan Robert Burton, Attorney at Law

The new alimony guidelines create a number of additional considerations that I would be more than happy to discuss with you. I have more than 40 years of legal experience and will be able to outline a strategy to achieve your goals. Call (954) 229-1660 or my cell at (954) 295-9222 or email my office to schedule your free initial consultation to discuss your particular situation. I maintain flexible office hours to discuss your family law issues.