Florida Alimony Information

Determining alimony is difficult and is dependent on many factors which are outlined below.

Either the husband or wife may be awarded alimony and the first step is to determine a person’s actual need and the other person’s ability to pay. Both a person’s actual need and a person’s ability to pay alimony is established through financial affidavits provided by both the husband and wife. The financial affidavits are sworn documents that must be supported by tax returns, pay records, and bank statements. Additionally, if there is a business involved then the business records are taken into consideration.

Adultery of either spouse and the economic impact caused by the other spouse’s adultery upon the family may be considered.

IMPORTANT CONSIDERATIONS

Before awarding either the husband or wife alimony the Court must consider the following factors:

1) The Standard of Living at the end of the marriage;
2) The Duration of the Marriage (the date of the marriage to the date the divorce is filed with the Court);
3) The age, physical, mental, and emotional status of bothr the husband and wife;
4) The financial resources of both the husband and wife from both marital and non-marital assets;
5) The earnings capacity, educational levels, vocational skills, and employability of the husband and wife.
6) The contributions of the husband and wife to the marriage, including but not limited to, services rendered in homemaking, child care, education, and career building of the other spouse.
7) The responsibilities of the husband and wife concerning minor children in common, with special consideration give to minor children with special needs.
8) Any other factor necessary for equity and justice between husband and wife.

LENGTH OF THE MARRIAGE

The length of the marriage is calculated from the date of the marriage until the date the Petition for Dissolution of Marriage is filed with the Court. For purposes of determining alimony:

1) A short-term marriage is a marriage having a duration of less than ten (10) years;
2) A moderate-term marriage is a marriage having a duration of between ten (10) and twenty (20) years; and
3) A long-term marriage is a marriage having a duration of twenty (20) years or longer.

Mother and Daughter Studying

TYPES OF ALIMONY

There are three (3) types of the alimony the Court may award to either the husband or wife depending upon the actual need of the requesting spouse and the ability to pay of the payor spouse. The Court may award one form of alimony or combine two or more forms or alimony depending upon the specific circumstances of the family.

1) Bridge-the-Gap: This form of alimony is designed to meet the short-term needs of either the husband or wife.

2) Rehabilitative Alimony: This form of alimony may be awarded to either the husband or wife to assist them in becoming self-supporting; by either redevelopment of a previous skill or credentials; or through acquiring an education, training, or work experience necessary to become self-supporting.

3) Durational Alimony: This form of alimony may be awarded to provide either the husband or wife with economic support for a specific period of time. The alimony will terminate upon the death of either the husband or wife or upon the remarriage of the receiving spouse. Durational alimony can only be awarded in a marriage lasting three (3) years or longer and may be modified in amount but not in length, except under exceptional circumstances.

Talk with us for questions concerning alimony and all areas of marital and family law. At the Law Office of James T. Keenan we understand your individual situation and needs. We are experienced and promise to handle your family law case professionally and aggressively. We get results.

We also offer information on Alimony Modification. Call (904) 359-9060 to setup a consultation.