When a married couple gets divorced, the issue of alimony may arise. As authors Victoria M. Ho and Jennifer L. Johnson in Overview of Florida Alimony explain, the divorce court first divides the marital assets and liabilities. Thereafter, if the court awards alimony, it must make a specific factual determination that one spouse has a need for alimony and that the other spouse has the ability to pay.
Types of Alimony Under Florida Law
Florida law recognizes four types of alimony:
- Bridge-the gap alimony
- Rehabilitative alimony
- Durational alimony
- Permanent alimony
The court may also award a combination of these forms of alimony, depending on the circumstances. In addition, pursuant to §61.08, Florida Statutes, the court may order periodic payments, lump-sum payments, or both.
Statutory Factors for Determining Type and Amount of Alimony
After the court has divided the marital assets and specifically determined that one spouse needs alimony and the other spouse can pay, the court must consider “all relevant factors” in deciding the type and amount of alimony. These factors are set forth in §61.08, Florida Statutes, and include:
- The standard of living the parties established during the marriage
- The duration of the marriage
- The age of the parties and their physical and emotional conditions
- The parties’ financial resources, including nonmarital assets and the marital assets and liabilities distributed to each party
- The earning capacity, education level, vocation skills and employability of each party
- Whether a party needs time to acquire sufficient training or education to become employable
- The contribution of each party to the marriage, including contributions to homemaking, child care, education and career building of the other party
- Continuing responsibilities of each party to any minor children of the parties
- The tax treatment and consequences to both parties of any alimony award
- All sources of income to either party
After taking all of these statutory factors under advisement, the Florida divorce court must also consider “any other factor necessary to do equity and justice between the parties.” Additionally, Florida law specifically provides that the court may consider the adultery of either spouse in making any decision concerning alimony.
Florida Family Law Attorneys
Whether or not the court awards alimony will depend on all the facts and circumstances of the marriage and divorce. All of the statutory and nonstatutory factors will be taken into consideration, and the court will try to fashion an award that fits the unique circumstances of the case.
Nevertheless, the process can seem complicated and overwhelming for parties acting on their own without legal guidance. Anyone seeking alimony or facing the prospect of having to pay should seek the advice of a licensed divorce attorney in his or her local area.
Sources:
§61.08, Florida Statutes
Victoria M. Ho & Jennifer L. Johnson, Overview of Florida Alimony, 78 Fla. Bar J. 71 (Oct. 2004).
Jessie Vanwinkle - Jessie Vanwinkle is an attorney in practice since 1998. View her full profile for more information.
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