Alimony is monetary support for the future given to a spouse after or during the pendency of a divorce. The Florida courts use alimony to maintain the parties’ standard of living after the dissolution of their marriage. The standard of living is the lifestyle the parties have become accustomed to during the marriage.

There are two requirements for an award of alimony: (1) the recipient spouse must have a “need” and (2) the payor spouse must have the “ability to pay.” To have a need, a recipient spouse must be unable to gain or regain the enough income to meet the standard of living. If after the equitable distribution of the marital assets the spouse receives enough income to meet the standard of living, then that spouse does not need additional funds and therefore alimony is not awarded.

In determining whether to award or deny alimony to a spouse, the court considers the following factors: (1) the standard of living established during the marriage; (2) the duration of the marriage; (3) the age physical and emotional condition of each party; (4) the financial resources of each party; (5) the earning capacities, educational levels, vocational skills, employability of the parties and the time necessary to acquire education or training; (6) each party’s contribution to the marriage including financial support and services; (7) each party's responsibilities with the minor children; (8) the tax consequences of the alimony award; (9) the adultery of either spouse; and (10) all sources of income available to either party.

Under Florida law, there is a rebuttable presumption that a short term marriage is less than 7 years, a moderate term marriage is greater than 7 years but less than 17 years and a long term marriage is greater than 17 years.

There are five types of alimony: temporary, permanent periodic, rehabilitative, bridge-the-gap, lump sum and durational . The court can award no alimony at all or a combination of all different types.

Temporary alimony is money paid to a party during the pendency of the divorce.

Permanent Periodic alimony is awarded in long term marriages to assist with the needs and necessities provided for during the marriage for a spouse who lacks the financial ability to meet these needs after the divorce. It can also be awarded in a marriage of moderate duration or, in exceptional circumstances, a short term marriage. It is typically paid in monthly payments that continue until the recipient dies, the payor dies, or the recipient remarries, or possibly cohabitates. There are generally three requirements for permanent periodic alimony: (1) long term marriage; (2) income disparity between the parties; and (3) the recipient’s income from all sources does not meet the need established during the marriage.

Rehabilitative alimony is used to provide the recipient with money to eventually become self sufficient through the redevelopment of previous skills or credentials or to assist a party in acquiring education, training or work experience. To receive rehabilitative alimony the moving party must establish a rehabilitative plan. A rehabilitative plan must be specific and should address the object of the rehabilitation, the cost of the plan, and the projected period necessary to establish the recipient’s self sufficiency. Rehabilitative alimony may be modified or terminated if there is a substantial change in circumstances, noncompliance with the rehabilitative plan or completion of the rehabilitative plan.

Bridge-the-gap alimony is typically used for short term marriages and by definition is awarded for a short period of time. The purpose is to help the recipient meet short term financial difficulties associated the transition from married to single life. Bridge-the-gap alimony assists a party with short term identifiable needs, is non-modifiable and may not exceed two years.

Lump Sum alimony is a “lump sum” amount not subject to modification. Lump sum alimony is awarded in three ways: (1) an award of a property interest; (2) awarded as a monetary support payment; and (3) awarded to insure an equitable distribution of marital property. There are two requirements for lump sum alimony: (1) the award must be identified as either necessary for support or to equalize the party’s status; or (2) unusual circumstances which would require a non modifiable award of support. Lump sum alimony frequently arises as a tool to award the marital home to one spouse. It can be paid in monthly installments of at one time.

Durational alimony is used when permanent periodic alimony is inappropriate. It is awarded in short or moderate term marriages to provide a party with economic assistance during a set period of time. While the amount of durational alimony can be modified or terminated, the length may not be modified absent the demonstration of exceptional circumstances. The length of the award may not exceed the term of the marriage.

Attorney Sandy T. Fox will discuss whether or not you have an entitlement and need for an award of alimony and whether your spouse has the ability to pay you alimony.