What Are The Types of Alimony in Florida – Understanding Alimony in Florida Dissolution of Marriage Proceedings
In a proceeding for dissolution of marriage (divorce) in Florida, the court has the authority to grant alimony to either spouse. Alimony is financial support provided by one spouse to the other and can take various forms depending on the specific circumstances of the case. The primary goal is to ensure fairness and economic balance post-divorce. Here’s a detailed look at the types of alimony, the payment structures, and the factors influencing the court’s decisions.
Types of Alimony
Temporary Alimony
Temporary alimony is awarded to support a spouse during the divorce proceedings. For example, if one spouse has been a homemaker and lacks immediate income, the court may grant temporary alimony to cover living expenses until the divorce is finalized.
Bridge-the-Gap Alimony
Bridge-the-gap alimony helps a spouse transition from married life to single life, covering short-term needs. This type of alimony is typically limited to a maximum of two years. For instance, it might cover the cost of moving to a new residence or other short-term expenses.
Rehabilitative Alimony
Rehabilitative alimony is designed to assist a spouse in becoming self-sufficient through education, training, or work experience. The receiving spouse must present a specific plan outlining the steps to achieve financial independence. For example, if a spouse needs to complete a degree or vocational training to re-enter the workforce, rehabilitative alimony would cover the associated costs.
Durational Alimony
Durational alimony may be awarded to provide a party with economic assistance for a set period of time. An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee. Durational alimony may not be awarded following a marriage lasting less than 3 years. An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony.
Payment Structures
Periodic Payments
The court may order alimony to be paid periodically, typically monthly. For example, the paying spouse might be required to pay $1,000 per month for a specified duration. This method ensures a steady stream of income for the receiving spouse.
Lump Sum Payments
Alternatively, the court may award alimony as a lump sum payment. This could occur when dividing substantial marital assets, where one spouse might receive a one-time payment instead of ongoing support. For instance, instead of monthly payments, the paying spouse might provide a single payment of $50,000 to cover alimony obligations.
Consideration of Adultery and Economic Impact
Adultery and Alimony Awards
In determining the amount and type of alimony, the court may consider the adultery of either spouse and any resulting economic impact. For example, if one spouse’s adultery led to significant financial expenditures, such as lavish gifts for someone or using marital funds for extramarital activities, the court may adjust the alimony award to account for this economic impact.
Example Scenario
Suppose during the marriage, the husband engaged in an extramarital affair and spent considerable marital assets on the affair, including expensive trips and gifts. The wife, seeking a divorce, can present this evidence in court. The court may then consider these expenditures when determining the alimony award, potentially increasing the alimony to compensate for the financial misconduct.
Factors Influencing Alimony Decisions
The court considers various factors to determine the appropriateness and amount of alimony, including:
– The standard of living established during the marriage
– The duration of the marriage
– The age and physical and emotional condition of each spouse
– The financial resources and income potential of each spouse
– The contributions of each spouse to the marriage, including homemaking and childcare
– The responsibilities each spouse will have with regard to any minor children they have in common
Example Considerations
-Standard of Living: If the couple enjoyed a high standard of living during their marriage, the court may aim to allow both parties to maintain a similar standard post-divorce, to the extent possible.
– Duration of Marriage: In a marriage of 15 years, the court might lean towards awarding durational alimony to provide financial support to the lower-earning spouse for a period equivalent to the marriage duration.
– Health and Age: If one spouse is significantly older or has health issues that limit their earning potential, the court may award more substantial or longer-term alimony.
Alimony is a critical aspect of divorce proceedings in Florida, designed to ensure fairness and support for both parties as they transition to independent lives. The court’s decision on the type, amount, and duration of alimony considers various factors, including the contributions and needs of each spouse, as well as any misconduct like adultery that has had an economic impact. Understanding these aspects can help divorcing spouses prepare for the financial implications of dissolution and seek fair support arrangements.
If you or someone you know is facing divorce, and need the guidance of an experienced divorce attorney who can assist you in understanding your alimony rights and obligations, don’t hesitate to look for the best alimony attorney in Tampa who can help you navigate the Florida alimony laws during your divorce.
