Alimony

How alimony is granted in Florida

Once dissolution proceedings commence either party may seek temporary or pendente lite support during the course of the litigation.

Where a divorce or dissolution of marriage (civil union) is granted, either party may ask for post-marital alimony either in the form of rehabilitative or permanent alimony. In some cases a party may receive an unequal distribution of martial assets as a form of lump sum alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different.

Unless the parties agree on the terms of their divorce in a binding written instrument, the court will make a fair determination based on the legal argument and the testimony submitted by both parties. This can be modified at any future date based on a change of circumstances by either party on proper notice to the other party and application to the court. The courts are generally reluctant to modify an existing agreement unless the reasons are compelling. In some jurisdictions the court always has jurisdiction to grant maintenance should one of the former spouses become a public charge.

Alimony and child support compared

Alimony is not child support, which is another ongoing financial obligation often established in divorce. Child support is where one parent is required to contribute to the support of his or her children through the agency of the child's other parent or guardian.

Alimony is treated very differently to child support in the United States with respect to taxation. Alimony is treated as income to the receiving spouse, and deducted from the income of the paying spouse. Child support is not a payment that affects US taxes as it is viewed as a payment that a parent is making for the support of their own offspring.

AIf a party fails to pay alimony, there are not generally any special legal options available to the party that is owed money. In many jurisdictions, people whose child support obligations go into arrears can have licenses seized; in Florida they can even be imprisoned. Someone trying to recover back alimony can only use the collection procedures that are available to all other creditors (for example, (s)he could report the back alimony to a collection agency).

Factors affecting alimony

Some of the possible factors that bear on the amount and duration of the support are:

Length of the marriage

Generally alimony lasts for a term or period that will be longer if the marriage lasted longer. In Florida, there is movement against providing permanent alimony in situations where the couple has been married for less than 15-20 years.

Length of the marriage

Generally alimony lasts for a term or period that will be longer if the marriage lasted longer. In Florida, there is movement against providing permanent alimony in situations where the couple has been married for less than 15-20 years.

Age of the parties at the time of the divorce

Generally more youthful spouses are considered to be more able to 'get on' with their lives, and therefore thought to require shorter periods of support.

Relative income of the parties

Generally speaking, the Courts will balance one party's needs over the other party's ability to pay. If a party does not have the ability to pay minimal monthly expenses, and the other party has a good income, so long as other factors are satisfied, it’s likely that alimony will be awarded.

Future financial prospects of the parties

A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.

Health of the parties

Poor health goes towards need, and potentially an inability to support for oneself. The courts do not want to leave one party indigent.

Standard of living during the marriage

Florida recognize a 'right' of the spouses to live 'according to the means they have become accustomed', alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. This tends to equalize strongly post-divorce income, heavily penalizing the higher-earning spouse.

Other assets available to the spouses

If a party has other assets which can be liquidated to help pay for their expenses, it will be less likely that they would receive an alimony award.

Types of Alimony in Florida

Rehabilitative Alimony
Rehabilitative-as the name implies-is intended to help support a spouse to allow him/her to renew old skills or gain new skills leading to self-support. It is intended to be a short-term measure which enables a spouse to get back on his or her feet. Alimony is awarded to enable the other spouse to go back to school or to acquire needed skills that would enable the spouse to be competitive in the job market. Usually a spouse who has chosen the role of becoming a homemaker and raising children has not been able to develop the skills necessary for productive and gainful employment. This ends automatically after a fixed period unless the court is asked to extend it.

Permanent Alimony
Permanent alimony continues indefinitely until remarriage or death of the spouse. It is usually awarded when one of the parties is unable to work due to age, physical or mental illness. The two primary elements considered are needs of the receiving spouse and ability of the paying spouse to provide the necessary funds.

Lump Sum Alimony
Lump sum payment, involves a set payment amount. This type of alimony survives the death of both parties and cannot be changed. It may involve money, property or a combination. It may be payable all at once or in payments over a period of time.