Many people who are facing the unfortunate consequences of a divorce in Clearwater, St. Petersburg or Tampa will find themselves overwhelmed with the complexity and amount of issues that arise in dissolution of marriage cases. One such issue in a Florida divorce, or dissolution of marriage as it is called, is alimony. Alimony can be a major consideration, especially in marriages of longer duration. Alimony is a financial arrangement, either court-ordered or agreed upon by the parties, that provides for one of the partners in a marriage to make payments to the other for a period of time or indefinitely. The purpose of the alimony payments is to provide a means for the receiving partner to survive on their own, outside of the marriage, without suffering a drastic drop in lifestyle. Alimony can be thought of as a pension program for marriage. Especially where one of the spouses has foregone a career in order to devote their time to homemaking and raising children, alimony may be the only chance that person will have of achieving any independence outside of the marriage.
The court can order one of four different types of alimony, or a combination of them in a dissolution of marriage case. The types of alimony are: bridge-the-gap, rehabilitative, durational, or permanent. Alimony can be required to be paid in periodic payments or payments in lump sum or both.
Bridge-the-gap Alimony
Bridge-the-gap alimony is awarded for the purpose of assisting one of the spouses to make the transition from being married to being single. Bridge-the-gap alimony is meant to help a spouse with legitimate specific short-term needs, and the length of the alimony may not exceed two years. An award of bridge-the-gap alimony will end upon the death of either spouse or upon the remarriage of the spouse who is receiving the alimony, however it is not otherwise modifiable in either length or amount.
Rehabilitative Alimony
Rehabilitative Alimony is awarded for the purpose of permitting one of the spouses to attain the ability to support themselves outside of the marriage by either redeveloping previously held skills or credentials; or through getting further education, training, or work experience required in order to gain appropriate employment skills or credentials. An award of rehabilitative alimony requires that there be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony. An award of rehabilitative alimony may be modified or ended based upon substantial changes in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.
Durational Alimony
Durational Alimony is for a set period of time in order to provide a spouse with economic assistance following a marriage of short or moderate duration, where permanent alimony would not be appropriate. The length of time for durational alimony is limited to the length of the marriage; however it ends upon the death of either spouse and upon the remarriage of the spouse receiving the alimony. The length of a durational alimony award cannot be changed except upon a showing of exceptional circumstances. However, the amount of durational alimony may be changed or ended based upon a substantial change in circumstances in the economic situations of the parties.
Permanent Alimony
Permanent alimony is awarded primarily following long duration marriages, as discussed below, or in certain situation involving marriages lasting for shorter periods. Permanent alimony is ordered in cases where one of the spouses has little or no financial ability to support themselves after a marriage has ended. An award of permanent alimony ends at the death of either spouse or when the spouse receiving alimony remarries. In addition to remarriage, permanent alimony may be modified if the receiving spouse is living in a non-marital supportive relationship, particularly if the relationship is one in which the couple is holding themselves out to be married, pooling or accumulating assets together and supporting one another. An order of permanent alimony may be modified or terminated based upon a substantial change in circumstances as discussed below.
Length of The Marriage Is Important
One factor that a court will look closely at in determining the need for alimony is the length of the marriage. Just as in an employment situation the entitlement to and amount of a pension will be determined by the duration of employment, the law makes certain presumptions as to the length of a marriage and the need for alimony. In deciding whether to award alimony the law provides the court with guidelines to consider. These guidelines are rebuttable and do not have to be strictly followed by the court if other factors and circumstances in the case call for a different result. The law states that a court may order permanent alimony for a marriage of long duration, which has been for seventeen years or more. For a marriage of between seven years and up to seventeen years, which is considered a marriage of moderate duration, the court may award alimony if it appears appropriate based upon certain factors and circumstances in the marriage. These factors are discussed below and generally relate to the need of one spouse for support following the end of the marriage. The court is advised by the law to consider alimony in a short term marriage, one that lasted less than seven years, only under exceptional circumstances. The number of years that a marriage has lasted is calculated from the date of the wedding until the time that the divorce is filed.
Alimony Is Based On Need And Ability To Pay
The court, in deciding whether to grant a request for either alimony or maintenance, must first decide whether either spouse actually has a need for it and whether the other spouse has the ability to pay for it. If the court determines that one spouse has a need for alimony or maintenance and that the other spouse is able to pay, then the court has to consider several factors and circumstances which include, but are not limited to: the standard of living established during the marriage; the duration of the marriage; the age, physical and emotional condition of each spouse; the finances of each spouse, including the non-marital and the marital assets and liabilities divided between each; the earning capacities, educational levels, vocational skills, and employability of the spouses and, when applicable, the time necessary for either spouse to obtain sufficient education or training to allow that spouse to find appropriate employment; the contribution of each spouse to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other spouse; the responsibilities each spouse will have with regard to any minor children they have in common; the tax treatment and consequences to both spouses of any alimony award; all sources of income available to either spouse, including income available to either spouse through investments of any asset held by that spouse; any other factor necessary to do equity and justice between the spouses. The court may also consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.
Whether seeking an award of alimony or attempting to defend against an unreasonable demand for alimony payments, you should seek and retain the services of an experienced attorney to represent your interests before the court. The Law Office of Garry L. Potts, P.A. is available for consultation and ready to assist you in your divorce or child custody / support issues.
The Law Office of Garry L. Potts, P.A.
13575 58th Street North, Suite 126
Clearwater, Florida 33760
Telephone: 727-538-4166
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