Alimony is also known as spousal support or maintenance. It is a court-ordered payment made by one spouse to another during divorce or after receiving a final divorce decree. Generally, the lower-income earner is entitled to financial support from the higher-income earner to begin rebuilding their lives. The purpose of alimony is to ensure that a spouse can maintain their lifestyle without requiring financial assistance from the state. Either spouse can request alimony, and the court will evaluate the need and the opposing spouse’s ability to pay. In all alimony cases, the support is terminated if the paying spouse dies or the recipient of the alimony remarries.
When initiating or receiving notification of a divorce, it is imperative to retain an experienced divorce attorney when seeking support or being asked to pay support. At Downer Law, our legal team is experienced and well-versed in Florida divorce and alimony laws. As a result, we can facilitate the process and fight for a favorable resolution for our clients.
The types of Alimony in Florida are:
Temporary alimony
is court-ordered during divorce proceedings for the lower-earning spouse to maintain their lifestyle. This type of support terminates when the divorce is finalized and is often replaced by another type of alimony.
Bridge-the-Gap
is a temporary type of payment for a maximum of two years. A spouse can qualify for this type of support while they are transitioning from married to single life. The court may order it while the lower-income spouse searches for full-time work or waits to sell the family home or other way to increase their income.
Rehabilitative alimony
is for a spouse seeking to become self-supporting. However, they need time to complete an education or training to enter the workforce and become financially stable. A spouse seeking rehabilitative support must submit a detailed plan to the court to review this time-limited plan.
Permanent alimony
is reserved for those spouses that will be unable to self-support in the future. These are usually long-term marriages. Those entitled may have a disability, have a child with a permanent disability that they care for, or be of advanced age. This type of alimony is for an indefinite time.
Durational alimony
cannot last longer than the marriage. For example, for a couple that was married for five years, durational alimony cannot exceed five years. This type of alimony is for those that need financial support and usually for middle and short-term marriages.
Judge’s Considerations
- The age, mental, and physical health of both spouses
- The couple’s usual standard of living
- The length of the marriage
- The earning capacity of both spouses
- Parental responsibilities of each parent
- Income, debts, and assets of both spouses
- The contributions the spouses made to the marriage, such as the education and career-building of either spouse
Downer Law is your trusted advocate
Our legal team guides our clients through the most challenging times of their lives. We protect your rights and interests with unparalleled personal care and attention. Our legal team offers responsive, high-quality representation in all family law matters. Contact to set up a consultation. We represent clients in Volusia, Seminole, and Orange Counties, Florida.