Spousal Support, also known as ALIMONY, can be a complex issue in a divorce. Florida Statute 61.08 addresses alimony View Statute Here along with the ten (10) factors in determining whether to award alimony. The courts consider alimony on an individual basis and will analyze the ten (10) different factors when awarding alimony / spousal maintenance. It is important to work with a lawyer who understands how these factors apply to the facts of your case.
William “Bill” Lazarchick will help you understand your rights and obligations regarding alimony, while guiding you through the process. To discuss your case with an experienced attorney at our law firm, call us at (561) 727-3625.
During a Dissolution of Marriage, the court may grant alimony to either of the spouses if one of the parties has a need for financial maintenance and the other is able to pay. The court considers ten (10) different factors, including:
- The standard of living established during the marriage.
- The duration (length) of the marriage.
- The age and physical health of each of the parties.
- The financial resources of each party, including the non-marital and 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, child care, 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 of both parties of any alimony award, including the designation of all or a portion of the payment as 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.
For the purposes of determining alimony, the courts consider a short-term marriage to have a duration of less than seven years, a moderate-term marriage to have a duration of greater than seven years but less than 17 years, and a long-term marriage to have a duration of 17 years or more.
The various types of alimony, include:
- Temporary alimony: Support is paid while the divorce is pending.
- Bridge-the-gap alimony: Allows a party to make a transition from being married to being single. The length of an award may not exceed two years.
- Rehabilitative alimony: Is designed to help an individual party get educated or prepare for a new line of work. A plan must be submitted to the court for rehabilitative alimony.
- Durational alimony: Awarded when permanent periodic alimony is inappropriate. Durational alimony provides the party with support for a set number of years, not to exceed the length of the marriage.
- Permanent periodic alimony: Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.