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Okay, time for a review of step three in divorce basics: Alimony.  One of the two "A's" that one spouse never wants to pay the other.  The other is "A"ttorney fees.  There is just something about having to write a check to the other spouse every month for the rest of time that eats at the payor.  However, alimony serves an important purpose.  It aims to keep the spouses at an essentially the same standard of living they enjoyed during the marriage.  Of course, that is usually impossible.  Generally, people live paycheck to paycheck.  That means they spend every penny on their living expenses.  When a couple breaks up, maintaining the same standard of living in two separate households on the same budget is impossible.  So the Court will look to do the best they can, at least when there is an entitlement to alimony.

When is there an entitlement and what's the amount?  Well, with alimony there is a considerable amount of 'grey area'.  There are not statutory guidelines.  Instead, there is an alimony statute enumerating factors the Court shall consider in determining the entitlement and amount of alimony.  Then there is case law further defining these issues.  An alimony analysis  requires careful review of the factors and even then, there is greater risk in going to trial on an issue of this nature, because of the broad discretion alloted the Court.

For your own abbreviated  analysis, consider this.  A short term marriage is eight years or less.  In a short term marriage, there is no legal presumption of an entitlement to permanent periodic alimony.  That's the kind of alimony that the payor dreads and the payee longs for.  It's the type that continues until death of one of the parties or remarriage of the spouse receiving the alimony.  

A long term marriage is sixteen years or longer.  In a long term marriage, there is a legal presumption that there is an entitlement to alimony.   Marriages in the gap between short term and long term marriages are called "grey area" marriages.   There is no presumption for or against alimony in grey area marriages.

Length of the marriage is of the three most heavily weighed factors in an alimony analysis.  The other two are the payor's ability to pay and the payee's need.   

Consider, too, the different types of alimony.  Here we primarily discuss permanent periodic alimony.  However, there are other types in which a spouse may have an entitlement whether or not they have an entitlement to permanent periodic alimony.

One such type is Rehabilitative Alimony.  What's that?  It's basically alimony of a limited duration and for the specific purpose of rehabilitating a spouse so that he or she can self-support.  There needs to be a rehabilitation plan for this type of alimony.  A good example of rehabilitative alimony would be the funding necessary to pay for tuition and books to go back to school to get a college degree.  

Another type of alimony is bridge-the-gap alimony.  This is occasionally termed "move out money."  The idea is that it's alimony for the purpose of getting the payee spouse back on his or her feet.  It usually pays the minimum expenses related to establishing another residence.  However, it should be noted that parties often agree to stretch this type of alimony out over a longer period of time at a rate much higher than the cost of establishing another residence.  Why?  Because at this point, there is no type of alimony that is for a set duration except this type.  In the next year, we'll see the addition of durational alimony to the statutorily prescribed options, courtesy the Florida legislature.  

In sum, alimony requires careful analysis.  Whether there is an entitlement, what the amount, and for what duration are issues requiring discussion and review.  If you have questions about the content in this blog entry, please send them to damian@turcolegal.com or set up a consultation in our Palm Beach Gardens office by calling 561-472-0919.