What is Alimony?
Alimony/Spousal Support is where one spouse (husband or wife) financially helps the other spouse during or after a final order from a dissolution of marriage. Sometimes that assistance can take on different forms. Currently under Florida Statute 61.08 (1):
In a proceeding for dissolution of marriage, the court may grant alimony to either party.
Depending on the circumstances the following types of alimony may be awarded: bridge-the-gap, rehabilitative, durational, or permanent in nature. In any award of alimony, the court may order periodic payments, payments in lump sum, or both. The court may consider the adultery of either spouse or the circumstances thereof in determining the amount of alimony, if any, to be awarded.
Different types of Alimony:
This is the type of alimony that may be awarded to assist a party in transitioning by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate, identifiable short-term needs, and the length of an award may not exceed 2 years.
This type of alimony may be awarded to assist a party in establishing the capacity for self-support through either:
1. The redevelopment of previous skills or credentials; or
2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.
This type of alimony may be awarded when permanent periodic alimony is inappropriate.
The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration.
This type of alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage. A party who lacks the financial ability to meet his or her needs and necessities of life following a long term dissolution of marriage qualifies.
Am I entitled to Alimony?
According to Florida Statute 61.08 (2) the following provides some guidelines in granting of alimony:
In determining whether to award alimony or maintenance, 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.
If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance, the court shall consider all relevant factors, including, but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each...