Alimony is the court-ordered provision of support for a spouse after separation or divorce. Statutes govern alimony and require a fact-intensive analysis to determine the type and amount of alimony suitable to your situation. The Court does not award alimony in every case; however, when there is a significant disparity in income and actual need there is most likely going to be some form of alimony considered to be appropriate.
About Alimony
The key is to present the Court with the necessary evidence for your particular situation.
The Court will begin its analysis by determining if the requesting spouse has a need for alimony. In so doing, the Court will assume the requesting spouse is capable of working to their maximum capacity, even if they choose not to work. Moreover, all sources of income are considered and presented to the Court, including any investment income attributable to the receiving spouse as a result of the equitable distribution of assets. Thus, if you are the paying spouse, you will want to make sure to present evidence of your spouse’s ability to work, since that will offset their claim of need.
The Court will next consider if the proposed supporting spouse has ability to pay; thus, if you are the receiving spouse then you will want to make sure you present evidence that the paying spouse is also working to full earning capacity, just as described above.
Both parties will want to present sufficient evidence to determine the true standard of living during the marriage. Even if your case does not go to trial you will need this information to determine an appropriate alimony award for settlement purposes. Thus, it is imperative you choose an attorney that has to experience presenting these types of cases to the Court in order to achieve the best possible results.
Types of Alimony
- Temporary: May be awarded after separation until a final alimony determination is made by agreement of the parties as a result of a Final Judgment of Dissolution of Marriage. The Court may award Temporary Alimony retroactive to the date of separation, up to two years prior to the date of the filing of the Petition for Dissolution of Marriage.
- Rehabilitative: Used when the requesting spouse is seeking re-training and/or formal education with the goal of becoming self-supporting. This remedy will require a specific plan be presented to the court that includes the estimated costs, the duration of the program, and the anticipated income for the spouse at the end of the rehabilitative period.
- Durational: Durational support depends upon the length of the marriage. If the marriage is less than three years, it will not be considered for durational alimony. Absent certain extraordinary circumstances, Short Term marriages of less than 10 years cap out at a duration of 50% the length of the marriage, Moderate Term marriage of 10 – 20 years cap out at a duration of 60% the length of the marriage, and Long Term marriages of 20 years or more cap out at a duration of 75% the length of the marriage. The maximum amount of durational alimony may not exceed 35% of the difference between the net incomes of the parties (i.e. income after payment of taxes, personal insurance, and certain other deductions, but before discretionary lifestyle spending).
- Bridge the Gap: Can be awarded for up to two years post Final Judgment of Dissolution of Marriage. It is intended to allow the receiving spouse to make the transition to being single, and is most commonly used for shorter-term marriages.
- Lump-Sum (form of payment): In some situations, it is preferable to pay alimony in a lump sum, rather than in monthly installments. Lump sum payment creates a vested award not subject to modification (which is different from nearly all other forms of alimony). Lump sum is uncommon because there must be ability to pay it; moreover, the Court will typically favor other types of alimony that are often more appropriate. However, settlement discussions will often use Lump Sum payment as a mechanism for reducing other types of alimony obligations.
Amount of Alimony in Florida?
Currently, there are no calculation guidelines for any form of alimony except durational support. In all forms of alimony, the Court must consider each of the following factors:
- Duration of the marriage
- Standard of living during the marriage (without having to rely upon credit)
- Age of each party
- Resources of each party (both marital and nonmarital – and after considering distribution of assets/debts).
- Earning capacity, educational levels, vocational skills, and employability of the parties
- Contributions of each party to the marriage
- Responsibilities each person may have with respect to caring for minor children
- Any other factor to do equity between the parties
Whether your case goes to trial or settles at mediation, it is imperative that you hire an attorney who understands how to navigate these issues. Heskin Martinez Law Group has the experience necessary to do just that. Let us help you, whether you are the party seeking alimony or the party from whom alimony is requested.
Contact Us
Questions about Alimony? Call us at 407-403-5990 or contact us (below) to schedule your appointment.
