ALIMONY IN FLORIDA: HOW DO I GET IT?
Alimony in Florida is the payment of money or property from one spouse to the other spouse, and it assists the receiving spouse in maintaining the lifestyle he or she grew accustomed to during the marriage, and will no longer enjoy unless alimony is provided.
To award alimony to a party, the court must apply a 2-prong test. The court must first determine the requesting party has a need for alimony, and secondly, the other party has the financial ability to pay alimony. This is the “need-ability” test. Before awarding alimony, The court must find that the “need-ability” test has been satisfied. If so, the court must then consider several factors to determine the type of alimony and the monthly obligation that will be awarded. Florida Statute 61.08(2)(a)-(j) contains the ten factors the court will consider. The court will consider all ten factors, including the standard of living established during the marriage, the duration of the marriage, and the contribution of the parties to the marriage.
WHAT ARE THE TYPES OF ALIMONY IN FLORIDA
Section 61.08, Florida Statutes, governs alimony in Florida. The court can award alimony in the following forms (or any combination):
Bridge-the-Gap: assists the receiving party in the transition from marriage to single life. The award of Bridge-the-Gap alimony cannot exceed 2 years. Bridge-the-Gap provides for short-term needs; and/or
Rehabilitative: assists the receiving party in becoming self-supporting by redeveloping previous work skills or by learning a new job through education or appropriate training; and/or
Durational: assists the receiving party with financial assistance for a set period of time following a short or moderate duration marriage; and/or
Permanent: assists the receiving party with maintaining the quality of life lived during a long marriage. To award permanent alimony in short or moderate-duration marriages, appropriate or exceptional circumstances must be established.
LENGTH OF MARRIAGE AND ALIMONY
For the purpose of determining alimony, the court will use the following time periods:
Short-term marriage: a marriage lasting less than 7 years.
Moderate term marriage: a marriage lasting between 7-17 years.
Long-term marriage: a marriage lasting over 17 years.
The term of your marriage is the time from the date of marriage to the date of filing a Petition For Dissolution Of Marriage (not separation).
TEMPORARY ALIMONY
The court can award temporary alimony using the same “needs-ability” test described above. Temporary awards of alimony will terminate upon entry of a Final Judgment Of Dissolution Of Marriage. Prior to entry of the Final Judgment, the temporary alimony award can be modified.
If you want strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.