Alimony in Florida Divorces: Factors and Considerations
Going through a divorce is a challenging process filled with a mix of complex legal terms and emotional ups and downs. One of the more complicated aspects is alimony—while often overlooked, alimony can significantly impact the financial future of both parties.
What is Alimony?
In simple terms, alimony, also known as spousal support or maintenance, is a financial arrangement where one spouse provides monetary support to the other after a divorce. Alimony is designed to minimize any unfair economic effects of a divorce, especially by offering a steady income to a spouse who earned less or did not earn at all during the marriage.
Types of Alimony in Florida
Florida law recognizes several types of alimony, each designed to suit different circumstances:
- Temporary Alimony: This is typically awarded when one spouse requires financial assistance to maintain the same standard of living as they had during the marriage. However, the court must find that no other type of alimony is fair and reasonable under the circumstances.
- Rehabilitative Alimony: This is awarded to help a spouse become self-supporting. This is typically awarded to a spouse who may have given up career or educational opportunities during the marriage. A clear rehabilitation plan, such as further education or vocational training, must be presented to the court.
- Durational Alimony: Durational alimony may be awarded to provide a party with economic assistance for a set period of time. The amount of the award of alimony may be modified or terminated based on a substantial change in circumstances. Durational alimony may not be awarded following a marriage lasting less than three years. This alimony provides a spouse with financial support for a specific period after a marriage of short term (less than 10 years) or moderate duration (10 to 19 years).
- Bridge-the-Gap Alimony: This alimony aims to assist a spouse in transitioning from being married to single. It caters to short-term needs, and in Florida, it cannot exceed two years. An award of bridge the gap alimony terminates upon the death of either spouse or upon the remarriage of the oblige. An award of bridge the gap alimony is not modifiable in amount or duration.
Factors in Deciding Alimony
Alimony decisions in Florida are based on a variety of factors. Courts take into account the couple’s standard of living during the marriage, the duration of the marriage, and the financial resources of each party. They also consider the earning capacities of both parties, their employability, and their contribution to the marriage. Contributions could include the care and education of the children and homemaking services.
In considering all these factors, the court aims to arrive at a fair and equitable arrangement.
Duration of Alimony and Impact of Remarriage or Cohabitation
Alimony generally lasts until the recipient remarries or either party passes away. However, the court can modify the terms if there is a significant change in circumstances. In Florida, if the recipient starts living with someone, the obligor can request a reduction or termination of alimony, but the court will consider the nature of the relationship before making a decision.
Contact the Kirlew Law Firm!
Understanding the ins and outs of alimony in Florida can be quite a task. As one of the top law firms in Miami, the Kirlew Law Firm can provide comprehensive legal support throughout your journey. Our team understands that every case is unique, and we are here to ensure you get the most suitable results for your specific circumstances.
While divorce can feel like an uphill battle, with the right legal team by your side, you can be confident that your rights will be protected and your concerns addressed. Contact our team of expert divorce attorneys in Miami, FL, to discuss your unique situation further.