Lakeland Alimony Lawyer

What is Alimony in Florida?

Alimony, often referred to as spousal support or maintenance, is a legal obligation in Florida arising from divorce proceedings, where one spouse provides financial assistance to the other. The primary goal of alimony is to ensure that the financially dependent spouse can maintain a standard of living similar to that experienced during the marriage. Florida law recognizes several types of alimony, including bridge-the-gap, rehabilitative, durational, and lump-sum alimony, each tailored to meet specific needs based on the duration of the marriage, the standard of living established during the marriage, and the financial circumstances of each party. The court considers various factors in determining alimony, such as the length of the marriage, the age and health of each spouse, and their respective incomes.

In Florida, alimony is not automatically granted and requires a well-substantiated need by the requesting party, coupled with the other party's ability to pay. The legal process involves presenting evidence and arguments to support the claim for alimony, often requiring detailed financial documentation. Alimony arrangements can be modified if there is a significant change in circumstances, such as a loss of income or changes in the financial needs of either party. The court aims to strike a balance between providing sufficient support to the dependent spouse while ensuring that the paying spouse is not unduly burdened. Consequently, each case is assessed individually, resulting in alimony orders that are specifically tailored to the unique financial dynamics of the divorcing couple.

What is Durational Alimony?

Durational alimony in Florida is a type of spousal support awarded to provide financial assistance for a set period following a divorce. This form of alimony is typically the main type of alimony addressed in the vast majority of divorce cases in Florida today. Due to changes in the law in 2023, courts no longer consider what was previously known as permanent periodic alimony (a type of alimony that would typically last until the recipient spouse remarried or died), and durational alimony now tends to be the primary focus in many divorce proceedings.

The length of durational alimony will depend on the length of the marriage in question. For marriages lasting three to ten years, durational alimony may last up to 50 percent of the length of the marriage, while durational alimony for a marriage lasting 10 years to 20 years  can last for up to 60 percent of the length of the marriage, and durational alimony for a marriage 20 or more years can last up to 75 percent of the length of the marriage. Courts may not award durational alimony for marriages lasting 3 years or less, and factors influencing the award of durational alimony include the standard of living during the marriage, the length of the marriage, the financial resources of both parties, and each spouse's earning capacities and contributions to the marriage.

The total amount of alimony that may be ordered is also capped under Florida law. Once the court decides that there is a need for alimony by one spouse and that the other spouse has the ability to pay such support, the court will determine the appropriate amount of alimony to be paid. In the case of durational alimony, the alimony will generally be paid on a monthly basis. Pursuant to current Florida law, the total amount of alimony should be based on the recipient spouse’s reasonable need, but may not exceed 35 percent of the difference between the spouses’ incomes.

What is Bridge-the-Gap Alimony?

In Florida, bridge-the-gap alimony is a type of short-term financial support awarded in divorce cases to assist a spouse with the transition from married to single life. This form of alimony is designed to cover legitimate, identifiable short-term needs while the receiving spouse adjusts to life after marriage. Typically, bridge-the-gap alimony addresses expenses such as moving costs, securing a new residence, or other immediate financial needs resulting from the divorce. It is not intended to provide long-term support and, by law, cannot exceed a duration of two years. Importantly, this type of alimony is non-modifiable, meaning the amount and duration cannot be changed once ordered, and it terminates upon the death of either party or the remarriage of the recipient.

What is Rehabilitative Alimony?

In a Florida divorce, rehabilitative alimony is a form of financial support awarded to a spouse who needs time and resources to become self-sufficient following the end of the marriage. This type of alimony is often granted when the recipient spouse requires further education, training, or work experience to develop skills that will enable them to earn an income independently. The goal of rehabilitative alimony is to aid the recipient in transitioning into the workforce or upgrading their skills to better support themselves. The court will typically require a specific rehabilitative plan outlining the steps the receiving spouse will take to achieve self-sufficiency. This plan helps in determining the amount and duration of the support, ensuring it serves its intended purpose effectively.

Rehabilitative alimony cannot last more than 5 years. Further, rehabilitative alimony is modifiable based on a substantial change in circumstances, upon non-compliance with the rehabilitative plan, or upon completion of the rehabilitative plan.

What is Lump Sum Alimony?

In a Florida divorce case, lump sum alimony is a form of spousal support granted as a one-time payment, rather than through periodic payments over time. This type of alimony is often awarded when there is a need to equalize the financial standing of both parties post-divorce or when periodic payments are impractical, perhaps due to the paying party's unreliable income or the receiving party's immediate financial needs. The court considers various factors, including the length of the marriage, each party’s financial resources, and contributions to the marriage, both economic and non-economic. Lump sum alimony can provide a clean financial break between the parties, but it must be clearly defined in the divorce decree to ensure enforceability.