Alimony
Florida has several types of alimony that depend on various factors like the duration of the marriage, income, earning capacity, vocational skills, financial resources, age, and physical and emotional condition of the parties, among others.
The different types of alimony include:
- Durational alimony: It is awarded for some time following a short to moderate duration marriage
- Rehabilitative alimony: It is awarded to pursue training or education for a career with greater earning potential.
- Bridge-the-gap alimony: It helps cushion the blow for a spouse in a short-term situation.
- Nominal alimony: It allows the court to return to the case later to award alimony.
- Temporary alimony: It is awarded during the divorce process.
The category of alimony a party is entitled to depend on several factors, including the length of the marriage and contributions to the marriage. Computation of income is a crucial factor in determining alimony, and the court can impute income to a party to calculate child support and alimony. In case a party cannot afford to pay the court-ordered alimony, they can arrange a consultation to modify the court order to pay alimony.
The alimony obligation may be affected if the party receiving alimony enters a supportive relationship. Cohabitation and the creation of or enhancement of any value or joint property with the new partner may affect alimony payments. An experienced attorney can help explore the grounds to reduce or terminate the alimony obligation.
If a party shares children with their spouse and is contemplating a divorce, time-sharing and parenting plans are important decisions to consider.
Overall, parties to a divorce in Florida can benefit from consulting an attorney to understand the different types of alimony and how to navigate the process of determining alimony payments.
Elimination of Permanent Alimony: The most notable change is the elimination of permanent alimony. Instead, there are now five different types of alimony: temporary, bridge-the-gap, rehabilitative (limited to 5 years), durational alimony and lump sum.
Durational Alimony Terms:
- Marriages under 3 years: No durational alimony.
- Short-term marriages (3 to 10 years): Duration of alimony cannot exceed 50% of the marriage length.
- Moderate-term marriages (10 to 20 years): Duration of alimony cannot exceed 60% of the marriage length.
- Long-term marriages (over 20 years): Duration of alimony cannot exceed 75% of the marriage length.
Modification and Termination of Alimony:
- Retirement: Alimony can be reduced or terminated if the payer reaches normal retirement age (as defined by the Social Security Administration) or the customary retirement age for their profession.
- Supportive Relationship: Permanent alimony can be modified or terminated if the receiving spouse is in a supportive relationship that provides economic support equivalent to marriage.
Permanent Alimony for Existing Cases:
- The new law does not change permanent alimony already awarded before July 1, 2023, unless specified as “non-modifiable” in a marital settlement agreement. It’s still subject to modification or termination based on changes in circumstances.
Limits on Alimony Amounts:
- For durational alimony, the amount is either the recipient’s “reasonable need” or up to 35% of the difference between the parties’ net incomes, whichever is less. Courts may combine different types of alimony, potentially exceeding this cap.
Special Circumstances & Alimony Calculation Factors:
- Durational alimony can be extended under exceptional circumstances, such as a party’s inability for self-support, lack of resources, disability, or obligation to care for disabled children.
- Courts must now also consider a party’s mental health, the ability to obtain skills or education for self-support, and the economic aftermath of adultery.
These changes aim to modernize alimony laws and provide clearer guidelines for both the awarding and modification of alimony in Florida.
These changes represent a significant shift in Florida’s approach to alimony, focusing more on the promotion of self-sufficiency and fairness while recognizing the financial needs arising from divorce. For specific cases or further advice, book a consultation with Nicole.
