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Alimony In Florida
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Alimony in Florida

What is Alimony in Florida

During the determination of a divorce in Florida, a court may award alimony to a spouse. It may also award alimony to a spouse in a situation where their partner fails to contribute to their maintenance or that of their minor children in a marriage. Alimony in Florida is to provide needed financial support to a dependent partner in a case of marriage dissolution, or to support the partner that makes a lower income for some time. Title VI, Chapter 61.08 (5)-(8) of the Florida Statutes makes provisions for four types of alimony namely:

  • Bridge-the-gap alimony: This may be awarded to provide support to a spouse during a divorce process while they make a transition from being married to being single. This form of alimony is designed to assist spouses with legitimate identifiable short-term needs. The amount and duration of bridge-the-gap alimony can not be modified after it is determined by the court. However, it may be terminated upon the death of either of the parties or upon the remarriage of the spouse receiving the alimony.
  • Rehabilitative alimony: This type of alimony in Florida is awarded to assist a spouse to be financially independent after the dissolution of the marriage. The assistance may either be in the redevelopment of previous skills or credentials, or the acquisition of more education, training, and expertise that may boost their financial status. An award of rehabilitative alimony requires that there must be a specific and defined rehabilitative plan. Rehabilitative alimony may be modified or terminated upon a substantial change in the financial situation of the party receiving the alimony. It can also be terminated upon non-compliance with the stated rehabilitative plan.
  • Durational alimony: This type of alimony is awarded in Florida when permanent alimony is not appropriate for the specific conditions of the partners. It is designed to provide a party with economic assistance for a specified period following the dissolution of a marriage. The court will specify the period allowed for durational alimony which shall not exceed the duration of the existence of the marriage. It will not be modified after it has been pronounced by the court. However, it may be terminated upon the death of parties or if the party that receives the alimony remarries.
  • Permanent alimony: This type of alimony is designed to ensure that the needs and necessities of life of either of the parties are met as they were established during the marriage. It provides support for the party which lacks sufficient finances to meet their necessary needs of life after the marriage dissolution. Permanent alimony is usually awarded in cases of dissolution of marriages that have lasted for 17 years or more. However, it may also be awarded in cases of dissolution of marriages that lasted for shorter periods if there are written findings that no other types of alimony are fair for the dependent partners.

A partner may choose to pay up the equivalent of the total alimony they are required to pay their spouse in one lump sum. This scenario is referred to as lump sum alimony. Title VI, Chapter 61.09 of the Florida Statutes makes provision for alimony for spouses in situations that are unconnected with marriage dissolution. With this provision, a spouse who remains married may petition the court for alimony or alimony for child support if their partner fails to support their needs and those of their minor children.

Florida Alimony Laws

The Florida Statutes, Title VI, Chapter 61.08 (1) requires the court to make findings of facts on the circumstances of a marriage in a case of dissolution. These findings include determining whether the basis of the dissolution involved adultery of either of the spouses. The findings by the court will determine whether alimony will be awarded to a spouse or they will be denied. It will also determine the type of alimony to be granted to them, and the amount to be paid for the alimony. In addition, according to Title VI, Chapter 61.08 (2) of the Florida Statute, the court is required to make specific factual determinations of whether either of the parties has an actual need for alimony. The court also has to make a factual determination on whether either of the parties can pay alimony. Factors the court shall consider in the course of the factual determination shall include:

  • The standard of living of the couple while they are married.
  • The number of years in which the couple was married.
  • The specific conditions of either of the parties. This will include their ages, physical and emotional conditions.
  • The financial status and incomes of each of the parties. This will include non-marital and marital assets and liabilities possessed by each of the parties.
  • The earning capacities of each of the parties. These include their respective educational levels, and vocational and employability skills. In a situation where a party needs to acquire more education or training for them to be able to find appropriate employment, this will also be factored.
  • The contributions of each of the spouses to the marriage while it lasted. This will include the consideration of the services rendered in homemaking, child care, education, and career-building of their partner.
  • The responsibilities either of the parties will be required to undertake in regards to the care of minor children they have in common.
  • The tax treatment and the consequences of any category of alimony to both parties. These include the designation of the total payment of alimony or a portion of this as a nontaxable, or non-deductive payment.
  • Any other applicable conditions around them that may aid to determine equity and justice between the parties.

How Does Alimony Work in Florida?

Alimony in Florida is to protect either of the parties in a marriage from falling in their standard of living, following the dissolution of the marriage. Nonetheless, according to Title VI, Chapter 61.08 (9) of the Florida Statutes, the court will not award an amount as alimony to a recipient that will make their net income higher than the net income of the payer. However, in certain situations, this caveat may be reconsidered.

Alimony payments in Florida determined on, or after, January 1, 1985 are to be made through a depository operated by the Office of the Clerk of the Court. This depository for alimony transactions in Florida is operated according to Title VI, Chapter 61.181 of the Florida Statutes. The depository receives reimbursement for services provided under a cooperative agreement with the Florida Department of Revenue. This is according to Title VI, Chapter 61.1826 of the Florida Statutes. However, alimony payments may not be paid through a depository in certain situations such as:

  • If the partners do not have a minor child.
  • If the partners have a minor child and they both request that the alimony payment need not be paid through the depository. However, in case of default in payment, a partner may subsequently file an affidavit alleging a default in alimony payment, and that they wish to initiate participation in the depository program. This process shall require that the party provides copies of the affidavit alleging default to the court and also make them available to the other party. Fifteen days after the receipt of the affidavit, the depository shall give notice to all parties to the alimony that future alimony payments shall be through the depository.

How Long Does Alimony Last in Florida?

How long an alimony payment will last in Florida depends on the type of alimony. When the court awards bridge-the-gap alimony for a marriage dissolution case, the period of the alimony will not exceed two years. For rehabilitative alimony, the court will pronounce the period of the alimony and this will be in accordance with the stated rehabilitative program agreed on by the partners. Durational alimony is always awarded with a specific period by the court although the period will not exceed the duration of the existence of the marriage. When permanent alimony is awarded it is terminated at the death of one of the partners or upon a substantive change in the financial status of the dependent partner.

How Much is Alimony in Florida?

There is no fixed amount for alimony in Florida. The court hearing the divorce case will make findings of the incomes and financial assets of both partners, and also about specific circumstances of their marriage. The information obtained will determine how the court will calculate their alimony and arrive at an appropriate amount.

How to Calculate Alimony in Florida?

The Florida Statutes do not give a stated model for the calculation of alimony in the state. The court however will decide on an amount that will be fair to both parties, taking into consideration their respective incomes, their individual financial assets, and child custody obligations.

How to Avoid Paying Alimony in Florida

The court hearing the divorce case will award alimony payment to a spouse based on the circumstances around their marriage as they plan dissolution. Payment is usually awarded in favor of the partner earning a lower income. The court will not award payment of alimony in favor of a spouse that earns more. Also, if a partner proves to the court that their spouse was adulterous, the judge will take this fact, among the factors, into consideration in determining the necessity for alimony payment. A partner may also mention it to the judge to evaluate their spouse's fitness to work. A partner may be a stay-at-home parent even when they have the requisite education and skills to work. If this is established, alimony may only be awarded temporarily, and for a limited period where the spouse is expected to be able to get a job and be financially stable.

A partner may also prove to the court that their spouse does not need the alimony payment. This may be done if they prove to the court that their spouse has other sources of income e.g stock portfolio, trust fund, or other sources where they may have sufficient funds to sustain their standard of living. A partner may be able to apply to terminate an alimony payment if they prove that their ex-spouse has remarried.