FAQs About Alimony in Florida
There are many terms couples must resolve during a divorce in Florida. One of these is spousal support, more commonly referred to as alimony. Many people are familiar with the general concept of alimony and the fact that it refers to payments made by one spouse to the other post-divorce. Beyond this, however, many people do not understand how it is calculated in Florida, the factors considered, and more. To make things clearer, one of our Tampa alimony attorneys outlines the answers to some of the most common questions we hear regarding this type of support.
What is the Purpose of Alimony?
The intent of alimony is to ensure that spouses who need support do not rely on food stamps, welfare, or other government programs after divorce. The premise is that both spouses enjoyed a certain standard of living during the marriage and after divorce, they both deserve to enjoy this same standard of living. If one spouse cannot afford to maintain that same standard, the other spouse may be ordered to pay alimony to ensure that neither spouse must go without basic living necessities.
How is Alimony Calculated in Florida?
Unlike child support, Florida law does not outline a specific formula to be used when calculating alimony. Instead, the court will determine whether a spouse has the right to alimony, the amount of support, the duration of alimony, and the type of support awarded. Couples can also agree to the terms of alimony and include them in their marital settlement agreement.
What Factors Will a Judge Consider?
If couples cannot agree to alimony terms, a judge will make the final decision. Although judges have broad discretion in these matters, they will take certain factors into consideration. These include:
- The established standard of living during the marriage
- The length of the marriage
- They physical and emotional health of each spouse
- The financial resources of each spouse, including marital and non-marital assets and liabilities
- The educational levels, earning capacity, employability, and vocational skills of each spouse
- The contribution each spouse made to the marriage, such as child care or helping the other spouse establish their career
- Tax consequences to each spouse
- All sources of income available to each spouse
What Types of Alimony are Available in Florida?
There are several types of alimony available in Florida. Bridge-the-gap alimony does not exceed two years and is meant to help a dependent spouse transition from married life to single life and one income. Rehabilitative alimony is meant to help a spouse in need obtain the education or skills they need to obtain gainful employment and become self-sufficient. Durational alimony is paid for a specific period of time post-divorce. Permanent alimony is no longer available in Florida, as it was abolished in July of 2023.
Our Alimony Attorneys in Tampa Can Answer Your Questions
Whether you are pursuing alimony in divorce or defending against unfair requests for it, our Tampa alimony attorneys at All Family Law Group, P.A. can help. Our team is here to answer your questions and guide you through the process so you obtain the best outcome. Call us now at 813-672-1900 or fill out our online form to schedule a free consultation and to get the legal help you need. Se Habla Espanol.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
