How is Alimony Determined in Florida?

HOW IS ALIMONY

DETERMINED IN FLORIDA?

TINA L. LEWERT, ESQ.

Florida Family Laws Require that Certain Types of Cases Must be Mediated If the Issues in the Case are Disputed by Either Party.

Alimony, Also Known as Spousal Support or Maintenance, is an Element of the Dissolution of Marriage that Must be

Considered and Weighed by the Courts

How is Alimony Determined in Florida? www.lewertlaw.com 2

Alimony, also known as spousal support or maintenance, is an element of the

dissolution of marriage that must be considered and weighed by the courts. Florida

courts have broad authority when determining if alimony is warranted and in what

amount alimony should be paid. The purpose of alimony is to provide an economically

dependent spouse with the financial support required to become self-sufficient. There

are several types of alimony that a judge may grant depending on the circumstances

and needs the court is addressing in its alimony order.


Factors Used When Determining Alimony in Florida

Unlike child support, Florida does not have specific guidelines or formulas for how to

determine alimony. The amount of alimony to be paid is at the judge’s discretion as is

the type of alimony that will be paid and the duration for which it will be paid. The

judge may grant alimony to either the husband or the wife as courts may not base

marital rights on gender. The court may consider a variety of factors when deciding the

issue of alimony.

According to Florida Statute 61.08, the official factors that a judge may consider when

deciding alimony are:

The standard of living established during the marriage.

The duration of the marriage.

The age and the physical and emotional condition of each party.

The financial resources of each party, including the nonmarital and the marital

assets and liabilities distributed to each.

The earning capacities, educational levels, vocational skills, and employability of

the parties and, when applicable, the time necessary for either party to acquire

sufficient education or training to enable such party to find appropriate

employment.

The contribution of each party to the marriage, including, but not limited to,

services rendered in homemaking, childcare, education, and career building of the

other party.

The responsibilities each party will have with regard to any minor children they

have in common.


The tax treatment and consequences to both parties of any alimony award,

including the designation of all or a portion of the payment as a nontaxable,

nondeductible payment.

All sources of income available to either party, including income available to

either party through investments of any asset held by that party.

Any other factor necessary to do equity and justice between the parties.

In more recent years, some judges put less weight on the standard of living during the

marriage (the first factor) than on the other factors, because alimony is not intended to

provide for luxury items; rather, it is meant to provide financial support for the receiving

spouse to become self-sufficient. By contrast, the duration of the marriage is an

important factor in that the

longer the couple has been

married the higher the chance

the judge will award alimony

especially if one spouse has not

worked outside of the home.

The last factor provides judges

with a high level of discretion

for awarding and determining

alimony. Issues such as adultery and spousal abuse could factor into the judge’s

decision under this factor for determining alimony, although only to extent of financial

impact.


Different Types of Alimony

There are four basic types of alimony that are awarded in Florida: bridge-the gap,

rehabilitative, durational and

permanent. Each type of alimony

ends upon the death or

remarriage of either spouse.

According to Florida Statute

61.08, judges use the following

criteria when determining the

type of alimony that should be

awarded.

Bridge-the-gap Alimony

Bridge-the-gap alimony is awarded to provide support to a spouse during the transition

from being married to being single. It is designed to assist a party with legitimate and

identifiable short-term needs. Bridge-the-gap alimony may not exceed two years and is

not modifiable in amount or duration.

Rehabilitative Alimony

Rehabilitative alimony is awarded to assist a spouse in establishing becoming self-

supporting through redeveloping previous skills or credentials or through acquiring

additional education, training or work experience to develop the appropriate


employment skills or credentials to obtain employment. For a judge to award

rehabilitative alimony to a spouse, the spouse must have a specific and defined

rehabilitative plan. The judge may modify or terminate rehabilitative alimony because

of a substantial change in circumstances, noncompliance with the rehabilitative plan or

before completion of the rehabilitative plan.


Durational Alimony

Durational alimony is awarded when permanent periodic alimony is inappropriate.

Durational alimony provides

economic assistance for a

specific period and it is typically

awarded to spouses who were

married for a short or moderate

period of time. It may also be

used in the case of a marriage of

long duration if there is no

ongoing need for support on a

permanent basis. While the

amount of durational alimony is subject to modification or termination if there is a

substantial change in circumstances, the length of durational alimony may not be

modified except under exceptional circumstances and may not exceed the length of the

marriage.

Permanent Alimony

Permanent alimony is not as common as it once was and is only awarded in cases where

a party lacks the financial ability to meet his or her needs and necessities of life

following a dissolution of marriage. When awarding permanent alimony, the court must

rule that no other form of alimony is fair and reasonable under the circumstances of the


parties. Permanent alimony may be modified or terminated if there is a substantial

change in circumstances or evidence of the existence of a supportive relationship.

Learn More about Florida Alimony Law from an Experienced

Boca Raton Alimony Attorney

Tina L. Lewert, Esq. has extensive experience in the area of alimony. Ms. Lewert is an

experienced family law trial attorney who will help you understand your legal rights as

well as the strengths and weaknesses of your case. Her extensive family law experience

allows her to formulate a strategy that takes into consideration the details of your case

to help you achieve the outcome you desire.

Ms. Lewert is Florida Board Certified Specialist in Marital and Family Law so you can

trust that you will be receiving expert legal counsel as you contemplate your options

regarding alimony. Contact Lewert Law Offices today at 561-544-6861 to schedule an

appointment.

http://www.lewertlaw.com/Contact.shtml


About the Author

Tina L. Lewert, Esq.

Tina L. Lewert, Esq. is a seasoned lawyer who works with

clients to resolve all of their family law and divorce issues,

including complex asset distribution, child custody and

parenting issues, child support, alimony, and marital

agreements, working diligently to obtain the best results

possible. As a Board Certified Specialist in Marital & Family

Law, Ms. Lewert is one of fewer than 6% of lawyers in

Florida who has been designated by The Florida Bar as an

“Expert” in her area of practice. Board Certification is the

highest level of recognition by The Florida Bar of the

competency and experience of attorneys in their field. Certified lawyers are the only

lawyers permitted to identify or advertise themselves as “Experts,” “Specialists,” or

“Florida Bar Board Certified.” Achieving such status involves meeting the rigorous

standards set by The Florida Bar Board of Legal Specialization and Education, which is

operated by the Supreme Court of Florida, and includes favorable confidential peer and

judicial review, extensive continuing legal education, and substantial involvement and

trial work in marital and family law cases sufficient to demonstrate special competence

in the area of practice. Ms. Lewert is also a Supreme Court Certified Family Law

Mediator.

Lewert Law Offices

The Plaza 5355 Town Center Road, Suite 203 Boca Raton, Florida 33486 Phone: 561-544-6861 Website: www.lewertlaw.com

http://www.lewertlaw.com/

How is Alimony Determined in Florida?

Law

Transcript of How is Alimony Determined in Florida?