Florida sets out the parameters for Alimony within Florida Statute § 61.08. When determining whether your case is subject to an award of alimony, there are many different factors to consider. Right now alimony, unlike child support, is not a black and white calculation. The analysis is more subjective and in general “need based.” To begin thinking about alimony and how it may apply to you, consider the following:
Need and Ability – First, in determining whether to award alimony or maintenance, the statute states that the court shall first “make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.” Florida Statute 61.08.
Classification of Marriage – Second, if a party seeking alimony has an actual need, and you have the ability to pay, then you must determine what types of alimony are appropriate. To do this, you need to determine your length of marriage and classify it according to Florida Statute 61.08 as follows:
Marriages 0-7 years are short term;
Marriages more than 7 years, but less than 17 years are moderate term; and
Marriages over 17 years are long term.
The types of alimony consist of bridge-the-gap, rehabilitative, durational, and permanent, as well as pendente lite, which means “pending litigation” and is a temporary relief based alimony if one of the parties needs support during the divorce proceedings. Each of these types may be awarded on a periodic payment or lump sum basis. To see specifically what each type of alimony means, how long that type of alimony may last, how it may be modified and/or terminated and what it is designed to accomplish, see Florida Statute 61.08.
Finally, many men are concerned about permanent alimony. Although it is a daunting subject to consider, it may not be so scary after reading through the statute and consulting a family law professional. Once you understand what it would take for the court to award such an obligation, it may not even apply to you. To be more specific, Florida Statute 61.08 states that permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2) of Florida Statute 61.08. If the marriage is considered of moderate duration, such an award is appropriate if based upon clear and convincing evidence after consideration of the factors set forth in subsection (2) Florida Statute 61.08. And lastly, for marriages of short duration it may be awarded if there are written findings of exceptional circumstances. Moreover, in awarding permanent alimony, the court must also include a finding that no other form of alimony is fair and reasonable under the circumstances.
To learn more, see Florida Statute 61.08 or consult a licensed Florida attorney in your county.