Alimony & Spousal Support Attorney in Daytona Beach, FL

Understanding and Calculating Alimony in Florida

Alimony is a type of payment that a court orders one spouse to make to the other, either during or after a divorce. This practice originated during a period when it was typical for one partner to work full-time, while the other stayed at home to manage the household and raise the children. When a couple separates, the partner who did not work outside the home may face financial challenges as they transition from two incomes to one. Although many couples today both work outside the home, alimony remains a potential option for either spouse to prevent financial hardship or reliance on government assistance following a divorce.

Types of Alimony Available in Florida

In Florida, there are five types of alimony available: temporary, bridge-the-gap, rehabilitative, durational, and permanent. Couples have the option to negotiate the specifics of their alimony agreement, such as the type of alimony, duration of support, and amount of payment. However, in cases where an agreement cannot be reached, a judge will assess the individual circumstances and make a decision on the alimony award.

During divorce proceedings, a spouse in need can receive temporary support. To obtain this support, the requesting spouse must show evidence of financial need and the other spouse's ability to pay before the court can order it. Temporary support is intended to assist the lower-earning spouse in maintaining financial stability throughout the extended divorce process and will terminate upon the judge's finalization of the divorce.Among the states, Florida is one of the limited few that provides bridge-the-gap alimony. This type of alimony assists the recipient spouse in fulfilling legitimate short-term needs while transitioning from married to single life. For instance, the needy spouse may utilize the support to cover expenses while awaiting the sale of the marital home, or to manage other living costs while seeking full-time employment following the divorce. Bridge-the-gap support has a maximum duration of two years and terminates in case the paying spouse passes away or the supported spouse remarries, as per Fla. Stat. Ann. § 61.08 (5) (2018).

Rehabilitative support is likely the most prevalent form of alimony in Florida. This type of alimony is granted by the court when one spouse has the potential to achieve self-sufficiency but requires financial assistance and time to regain prior skills, acquire education or training, or gain work experience to obtain necessary skills and enter the job market. Before awarding rehabilitative alimony, spouses are required to devise a clear and distinct rehabilitation plan for the court's evaluation.

Durational support is similar to rehabilitative support in that it has a time-bound duration, but it doesn't require a rehabilitation plan. Durational alimony is applicable when the supported spouse requires financial aid for a specific period following the divorce, but permanent alimony isn't an option. The support period can't be more than the duration of the marriage. For instance, if the marriage lasted ten years, the alimony award can't exceed ten years.

Permanent alimony is rare, and the court only grants it to spouses who need long-term financial assistance and are incapable of achieving self-sufficiency in the future. Permanent alimony may be suitable for situations where the supported spouse is disabled, elderly, or has a minor child with special needs to care for. Aside from demonstrating exceptional circumstances requiring permanent support, the court also considers the length of the marriage when deciding on the final alimony award.

Similar to bridge-the-gap alimony, durational, rehabilitative, and permanent alimony awards terminate if the paying spouse passes away or the supported spouse remarries, as per Fla. Stat. Ann. § 61.08 (2018).

Qualifying for Alimony in Florida

It is a common misconception that only women are entitled to receive alimony. In Florida, either spouse can request support, and the court will assess whether the requesting spouse requires assistance and whether the other spouse has the financial capacity to provide it.

Once the court determines that there is a "need and ability," the judge will consider several factors to assess a fair alimony award in Florida. These factors include:

• The standard of living established during the marriage

• The duration of the marriage, categorized as short-term (seven or fewer years), moderate-term (between seven and 17 years), or long-term (17 years or more)

• The age, physical and emotional health of each spouse

• Each spouse's financial resources, including both marital and nonmarital property, assets, and debts

• Each spouse's earning capacity, level of education, vocational skills, and employability. If necessary, the time required for either spouse to acquire sufficient education or training to obtain employment may also be considered.

• The contributions of each spouse to the marriage, including homemaking, childcare, education, and career-building of the other spouse

• Whether either spouse has parental responsibilities for minor children

• Any potential tax consequences of alimony for both spouses

• All sources of income for each spouse, including investment income

• Any other factors that the court considers relevant in determining a fair alimony award.

When determining an alimony award, Florida courts may take into account whether either spouse engaged in adultery during the marriage and how the affair affected the couple's finances. For instance, if one spouse had an affair and spent marital funds on an apartment, living expenses, or trips with a lover, the court may consider this expenditure when calculating the alimony award.

Judges in Florida have broad discretion when determining the type, duration, and amount of alimony that is appropriate for each case. There is no specific formula that they must use, although they must consider factors such as the standard of living established during the marriage, the length of the marriage, the physical and emotional health of each spouse, and each spouse's financial resources. Additionally, the court must ensure that the paying spouse's net income is not less than the supported spouse's (unless there are extraordinary circumstances). Ultimately, the judge will use their discretion to make a fair and reasonable alimony award.

Modifying or Terminating Alimony

Unless the couple has agreed in writing to forego the right to modify alimony, either spouse may request a modification if there has been a significant change in circumstances since the last support order. It's important to note that bridge-the-gap alimony is non-modifiable. In the case of durational support, courts may modify the amount but not the length of the support.

If the supported spouse fails to comply with the rehabilitative alimony plan while receiving support, the paying spouse can petition the court to modify or terminate the award at a later date.

Contact an Experienced Alimony Attorney

If you're facing alimony questions or contemplating divorce in Daytona Beach, Volusia or Flagler County, it's crucial to seek legal advice from an experienced family law attorney. Carol Lee Peake can provide the guidance and knowledge necessary to represent you effectively in your divorce proceedings. To schedule a confidential consultation, contact the Law Office of Carol Lee Peake at (386) 868-4039 or reach out to us online.