Alimony

Alimony (also called spousal support) is funds that are given to the other spouse for the purpose of assisting that spouse financially. There is no formula used to calculate alimony in Florida. Alimony is based on one spouse’s need for alimony, the other spouse’s ability to pay, and the standard of living the parties enjoyed during the marriage. It’s important to note that alimony is not awarded in every case and there are many factors the judge must consider in deciding whether alimony is appropriate. The alimony laws changed in July of 2010 and it’s important to contact an experienced family law and divorce attorney that keeps abreast on the new laws. There are several types of alimony:

  • Permanent periodic alimony—this type of alimony is paid on a monthly basis until death or remarriage of the receiving spouse. This is used mostly for long term marriages, which is defined as a marriage of 17 years or longer, but may be used for moderate or even short term marriages when there are exceptional circumstances.
  • Bridge-the-gap alimony—often referred to as transitional alimony, that form of alimony is used in mostly short term marriages to assist one of the spouses from making the transition from married life to single life. A short term marriage in Florida is a marriage of less than 7 years. This type of alimony cannot be ordered for more than 2 years.
  • Lump sum alimony—this form of alimony describes a payment from one spouse to the other in a lump sum amount. It may be appropriate for marriages of any length depending on the circumstances.
  • Durational alimony—this is a new type of alimony in Florida designed for moderate term marriages, which are between 7 and 17 years. Durational alimony is longer than 2 years of alimony payments but cannot exceed the length of time the parties were married.
  • Rehabilitative alimony—this form of alimony is used to assist one spouse in obtaining education needed to increase his/her earning capacity.
  • Temporary alimony—this type of alimony is applicable during the pendency of a divorce to provide financial assistance to a spouse that is in need of it and financially dependent on the other spouse.

Even in a long term marriage, alimony is not by any means guaranteed. Alimony is one of the most complicated issues in Florida divorce cases. There are certain conditions that must be met before a court can even consider whether or not to award alimony. Mindi Lasley, P.A. is extremely experienced in representing clients that are seeking alimony along with those that are avoiding alimony. We also represent clients seeking to modify alimony. Contact our office to set up a consultation to find out what type and amount of alimony may be applicable to your case and how to use the law to your advantage.