Overview of Florida Alimony

Before a court can order alimony in a divorce, the couple’s property must be divided fairly. After that, the court has different options for alimony, including permanent periodic alimony, lump-sum alimony, bridge-the-gap alimony, and rehabilitative alimony. The purpose of alimony is to provide financial support to the spouse who needs it. The court considers factors like each spouse’s ability to earn money, their age and health, and the standard of living during the marriage. It also looks at whether the marriage caused harm to the spouse’s ability to support themselves. The American Law Institute suggests that instead of traditional alimony, a spouse could receive compensatory payments to make up for any loss of earning potential caused by the marriage. These payments would be based on factors like the lower standard of living experienced after the marriage ended, any loss of earning ability during the marriage due to taking care of children or others, and the unfair difference in ability to recover financially after the marriage ends. In deciding whether to award alimony, the court also considers each spouse’s financial need and ability to pay, and can impute income to a spouse who isn’t trying to earn money. For long-term marriages, there’s a presumption of permanent alimony, but this can be challenged. Each area has its own definition of a long-term marriage, but it usually means the marriage lasted at least 14 years. Some Florida courts consider a marriage of 14 years or more to be a long-term marriage, while others think it’s a grey area. In these grey area marriages, there is no automatic assumption for or against giving permanent alimony. The court looks at factors like whether one spouse agreed to stay home with the kids and whether the marriage affected the other spouse’s ability to earn money. The final decision is based on a careful evaluation of all the facts and circumstances. Alimony is money that a person has to pay to their ex-spouse after a divorce. The amount is based on the needs of the person receiving the alimony and the ability of the person paying it. The court may also require the person paying alimony to get life insurance to make sure the payments continue if they die. Lump-sum alimony can be awarded to help with property division or provide support. It can be used for permanent alimony, rehabilitative alimony, or bridge-the-gap alimony. Bridge-the-gap alimony is only for short-term help, and rehabilitative alimony requires a plan for rehabilitation. There are no set rules for when alimony should be awarded, and the whole situation must be considered. These are citations for different court cases in Florida. They involve divorces and decisions about how to divide property and other assets between the two people getting divorced. The courts consider things like how long the couple was married, the standard of living they had, and each person’s age and health. They also look at the financial resources and contributions of each person. The court can also consider any other factors that are important for making a fair decision. Victoria Ho and Jennifer L. Johnson are both experienced attorneys who specialize in marital and family law. They both have strong educational backgrounds and are involved in professional organizations related to family law. This column was written on behalf of the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/overview-of-florida-alimony/