Alimony

Overview

Alimony is based on numerous factors laid out in Florida statues and years of case-law. There are some key concepts: “need”, “ability to pay”, and the duration of the marriage, with need based on the marital standard of living. The Florida alimony statute – F.S. § 61.08, was amended and now establishes presumptions for what are long-term, moderate term, or short-term marriages, and spells out the different types of alimony.

Income

The amount of each party’s income, the income a spouse’s business generates, or a spouse’s earning ability now or in the future, can be hotly contested issues in a case. If a spouse is un- or under-employed, income can be “imputed” to them.

Types of Alimony

If the court determines that one spouse needs support and the other has the ability to pay, the types of alimony the court can choose from are: (1) alimony to “bridge-the-gap” for a short period of time after the divorce; (2) “rehabilitative alimony”, e.g. when a spouse is awarded money for a period of time so they can return to school and increase their income; 3) lump-sum alimony; 4) “durational alimony”, for some period of time up to a period of time equaling the length of the marriage; and 5) “permanent, periodic alimony”, until one spouse dies, or the receiving spouse remarries or begins living with someone in a “supportive relationship”.

Need and Ability to Pay

If one party’s income isn’t high enough for them to pay their bills or support themselves at the marital standard of living, they have a “need”. Sometimes following a divorce, neither party can live as good a life-style as before the divorce, and the “ability to pay” analysis will focus, in some respects, on making the parties' financial situation more, but usually not entirely equal.

Alimony and Child Support

Alimony affects Child Support, because child support is based on each parent’s net income, and alimony affects each spouse’s net income. Looking at it from the other side, when a spouse pays child support, they have less available net income. Most attorneys use family law financial software to make the calculations easier, and assist in evaluating different scenarios.

Resolving Alimony Issues

Although alimony is based in part on numbers and financial information, it’s actually a subjective issue where a judge has a lot of discretion, even under the most recent alimony statute. When alimony is a contested issue, it’s important to nail down any disputed income or other financial information. The next step is to analyze all of the subjective and other factors that affect the determination of alimony – think it all through; and then give you my advice regarding the amount of alimony to demand if you are seeking alimony, or to offer if you are paying.

As for most family law issues, I believe it is far better to resolve issues like alimony through Collaborative Divorce or Co-Mediation, rather than the expense and uncertainty of contested litigation in court.  The issue of alimony in particular, because of the subjectivity of the decision in court and the broad discretion of the Judge, is an issue where parties can spend large amounts litigating an issue with an uncertain result.

Florida Family Lawyer Blog - Alimony
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