Different types of Florida alimony

Photo by Billie Grace Ward.

When it comes to family courts approving alimony, there are a few different types, determined by the family situation:

• Temporary alimony – This is used during divorce proceedings themselves, and only when one spouse is in need of financial support while in the process of filing. Once the divorce is finalized, support stops.
• Rehabilitative alimony – This is a time-sensitive plan used specifically for acquiring training or education, wherein one partner will submit a detailed outline covering how long they need support for, and the amount of money the education/training will require.
• Bridge-the-gap alimony – An extremely short-term form of alimony (max 2 years), this is usually used as a form of support during temporary financial hardship following divorce. For example, if the individual is attempting to sell property (houses, vehicles, etc.), this can be used to cover living expenses until the sale is finalized.
• Permanent alimony – This one requires judges to prove that one spouse will likely be unable to become self-supporting in the future, but in cases where one spouse’s current economic situation is likely to be permanent, it is useful.
• Durational alimony – This is generally only used when other forms of alimony do not apply, but there is still need for spousal support. The reason it’s called durational is because the term is it valid for can be no longer than the length of the marriage up to the point of divorce.

Factors in alimony amount

Once the court has determined the type of spousal support that is appropriate, it then comes down to determining the amount. There are myriad factors that come into play here, but some of the common ones include:

• Each spouse’s age, and physical/emotional condition
• Sources of income available to each spouse compared to living costs
• Each spouse’s potential earning capacity, including employment history, education, vocational skills, etc.
• Current marital standard of living
• How long the marriage was
• How much each spouse contributed to homemaking, child care, and supporting the other spouse during education/career-building
• Whether adultery was present in the marriage

This list is nowhere near exhaustive, but it gives you a few ideas of criteria that judges will consider when determining alimony amounts. If you are facing alimony currently, or are considering alimony in regards to a pending divorce, do not hesitate to get in touch with a divorce attorney immediately.

Adultery is the exception to Florida’s no fault divorce

Photo by Angela Soekhlal.

Effects of adultery on child custody
Adultery can affect how child custody is arranged because when the court considers this aspect, they take moral fitness into consideration. If one parent can prove that the other’s adultery is likely to have a negative impact on their child, the judge might limit that parent’s custody or visitation.

Effects of adultery on property division
Adultery can also affect how marital property or debt is divided. If one spouse can prove that the other used their money on their non-marital partner on things like gifts, trips, apartment rent, car payments, and dinners, that can be considered a waste of marital assets. Then the court may reduce the adulterer’s share of marital assets to compensate the other spouse.

Effects of adultery on alimony
In Florida, adultery is a factor that is considered when determining alimony, but courts struggle to pair adultery with the no fault concept. When a judge makes this decision, they usually only increase a wronged spouse’s alimony if the adulterous spouse’s non-marital relationship increased the wronged spouse’s monetary needs.

If you would like to speak to a divorce lawyer, contact us here.

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The biggest alteration HB-455 proposes is to eliminate permanent alimony altogether, including durational and rehabilitative alimonies. Further, the bill offers a formula for judges that would offer ranges for awarding alimony based on the income of the spouses, along with the duration of their marriage. Thus, longer marriages would lead to higher alimony, while marriages lasting under 2 years would result in no alimony. As another facet of ending permanent alimony, the bill would allow judges to modify or end alimony if the one who is receiving alimony receives a substantial increase income or if the ex-spouse paying alimony retires.

In order to aid in the elimination of permanent alimony, HB-455 proposes alimony and child support should be capped at 55% of the spouse’s income.

The overall goal of HB-455 is to reduce headaches that occur with alimony litigations in the divorce process, according to supporters of the bill.

Original article posted by the Herald Tribune