How is Alimony Determined in Florida?
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Transcript of How is Alimony Determined in Florida?
HOW IS ALIMONY
DETERMINED IN FLORIDA?
TINA L. LEWERT, ESQ.
Florida Courts Have Broad Authority When Determining If Alimony Is Warranted
and in What Amount Alimony Should Be Paid
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 what 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 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. 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.
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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.
Some judges do not put as much weight on the standard of living (the first factor) as
they do other factors because alimony is not intended to provide for luxury items but to
provide financial support for the 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.
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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.
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
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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
upon 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 andit 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
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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. ContactLewert Law Offices today at 561-544-6861 to schedule an
appointment.
How is Alimony Determined in Florida? www.lewertlaw.com 7
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