Tager Law Firm, P.A.

Alimony

. Posted in Divorce Attorney

ALIMONY in FLORIDA

Alimony is the judicial order of money being paid from one spouse to another. Unlike child support, there are no mathematical guidelines that apply in computing 1) whether alimony should be awarded, 2) how much that alimony should be, and 3) the duration of the alimony. There are three factors that must be met before alimony can be awarded.

  1. There must be a valid marriage,
  2. There must be a need on the part of the requesting spouse, and
  3. The paying spouse must have the ability to pay.

There are several different types of alimony: Permanent Periodic Alimony, Durational Alimony, Rehabilitation Alimony, Bridge the Gap Alimony, and Lump Sum Alimony.

There are three marriage time frames the Court looks at: Short Term (less then 7 years), Moderate Term (7 to 17 years), and Long Term (17 years or more).

  •  PERMANENT PERIODIC ALIMONY: Alimony that is awarded for a longer period of time then Durational. Permanent alimony may be appropriate after a long term or moderate term marriage. The  requesting spouse has a higher burden of proof following a moderate term marriage.  It may be ordered following a short term marriage only under exceptional circumstances. It may be modified or terminated by order of the court following a substantial change in circumstance. It terminates when either spouse dies or the receiving spouse remarries. It may also be terminated when the receiving spouse is in a financially supportive relationship.
  • DURATIONAL ALIMONY: Lasts for a set period of time, never exceeding the length of the marriage. It is awarded when Permanent Periodic Alimony is not appropriate. it may be awarded after a short term, moderate term, or long term marriage. It terminates after the either spouse dies, the receiving spouse remarries, or on a substantial change of circumstance.
  • Rehabilitative Alimony: The purpose of this alimony is to assist the receiving the spouse become self sufficient or re-renter the work force. This alimony is used to receive education or training to gain skills for the work place. There will be a rehabilitative plan that the receiving spouse must follow. Rehabilitative alimony can be terminated if there is a substantial change of circumstance, either spouses death, or failure to follow the rehabilitative plan.
  • BRIDGE THE GAP ALIMONY: Can not be modified and can last no longer then two years. The purpose of this type of alimony is to provide short term assistance for the receiving spouse. It is used for things such as rent, food, or other necessities. It terminates upon either spouses death or the receiving spouse remarries.
  • LUMP SUM: Is a one time payment usually for the purpose of equalizing equitable distribution or satisfying the receiving spouse. It can not be modified.

 Two of the most contested and fought after items in divorce is Alimony and Child Support. An incorrect or improper award of Alimony can effect your financial stability for years. Call Divorce Attorney Robert Tager now for a free consultation. (727) 723-1616.