Alimony Support & Disputes

Alimony

Alimony serves an important purpose by aiming to keep spouses at, essentially, the same standard of living they enjoyed during their marriage.  This, of course, can be next to impossible.  Generally, people live paycheck to paycheck, which 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, can be difficult, if not impossible.  The Court will consider these practicalities if it determines that one spouse is entitled to alimony. 

The Court will first make a specific factual determination as to whether either party has an actual need for alimony or maintenance, and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance, and that the other party has the ability to pay alimony or maintenance, it will then determine the proper type and amount of alimony or maintenance.

In making the determination of the proper type of alimony or maintenance, the court shall consider all relevant factors, including, but not limited to: 

1. The standard of living established during the marriage. 
2. The duration of the marriage.
3. The age and the physical and emotional condition of each party.
4. The financial resources of each party, including the nonmarital and the  marital assets and liabilities distributed to each.
5. 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. 
6. 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.
7. The responsibilities each party will have with regard to any minor children they have in common. 
8. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
   
9. All sources of income available to either party, including income available to either party through investments.
   
10. Any other factor necessary to do equity and justice between the parties.

The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage. For purposes of determining alimony, effective July 1, 2010, the following guidelines apply:

• A short-term marriage is a marriage having a duration of less than 7 years
• A moderate-term marriage is a marriage having a duration of greater than 7   years but less than 17 years
  
• A long-term marriage is a marriage having a duration of 17 years or greater

The court may award different types of alimony:  

The redevelopment of previous skills or credentials; or
The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials
 
In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan. An award of rehabilitative alimony may be modified or terminated in accordance with Florida Statute 61.14, based upon:

                1.  A substantial change in circumstances,

                2.  Upon noncompliance with the rehabilitative plan, or

An award of permanent alimony terminates upon the death of either party, or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with Florida Statute 61.14.