The Florida legislature enacted Florida Statutes, Section 61.08, to give trial courts the discretion to award alimony to either party in the appropriate dissolution of marriage case. However, the legislature established limits to the trial court’s discretion in awarding such alimony. Foremost, to get alimony in Florida, the trial court must make a specific factual determination and finding that either party has an actual need for alimony and that the other party has the ability to pay alimony. Thus, even in a 30 year marriage, if the Wife has no need for alimony because she has a similar work and earnings history to that of the Husband, the trial court cannot award her alimony simply because it doesn’t like the Husband’s behavior or is sympathetic to the Wife’s case for some reason. On the other hand, in a 30 year marriage wherein the Wife needs alimony because of health issues preventing her from working to her full capacity, the trial court still cannot award alimony unless the evidence establishes the Husband’s ability to pay it.
If the trial court finds a need for alimony by one spouse and the ability to pay by the other spouse, there are additional limitations on the trial court’s discretion to award alimony in Florida, depending on the form(s) of alimony awarded. The trial court may grant one of four forms of alimony or any combination of the four (4) forms: 1). bridge-the-gap 2). rehabilitative 3). durational 4). permanent.
Bridge-the-gap alimony is awarded to assist a party with legitimate identifiable short term need. Alimony cannot be awarded for a period exceeding 2 years and cannot be modified in amount or duration.
Rehabilitative alimony in Florida is awarded to assist a party in establishing the capacity for self-support through the redevelopment of previous skills or the acquisition of education, training, or work experience skills. This form of alimony cannot be awarded unless a specific and defined rehabilitative plan is presented to and adopted by the court.
Durational alimony is awarded to provide a party with economic assistance for a set period of time following a marriage of less than 7 years (short term) or a marriage of greater than 7 years but less than 17 years (moderate term), or following a marriage of 17 years or greater (long term) if there is no need for alimony on a permanent basis. The duration of an award of this form of alimony cannot exceed the length of the marriage,
Permanent alimony in Florida is awarded to provide for the needs and necessities of life as they were established during the marriage for a party who lacks the financial ability to meet his or her needs and necessities of life after the divorce. To award permanent alimony in Florida, the trial court must find that no other form of alimony is fair and reasonable under the circumstances and must consider at least eight statutory factors, including the standard of living during the marriage, the duration of the marriage, the age and physical and emotional condition of each party, and the financial resources of each party.
A bill to abolish alimony past and future awards of alimony in Florida, was presented to Governor Scott during the last legislative session, but he vetoed it. Representative Rich Workman and Senator Kelli Stargel are attempting to obtain support in the legislature to pass and present a revised bill about alimony in Florida to Governor Scott or his successor which at least abolishes alimony prospectively.
Until such a bill becomes law, it is important for anyone involved in a divorce to keep in mind the above limitations imposed by the legislative or trial courts when it comes to the issue of alimony. To discuss additional limitations regarding the modification or termination of the above forms of alimony in Florida, please contact our office at 239-829-0166 or 1-866-995-0166.