Chapter 61.08 of the Florida Statutes governs the award of alimony. In order for one spouse to receive alimony, there must be a need for alimony and an ability to pay the alimony.
Florida has three tiers of marriage to assist in determining whether alimony is appropriate:
Short term marriages are 0 to 7 years in length
Moderate term marriages 7 - 16 years in length
Long term marriage are at least 17 years in length
There are also four types of alimony:
Bridge the gap - alimony which does not exceed two years, and it meant to meet the short term needs in the transition from married life to single life.
Rehabilitative - alimony specifically for the purpose of assisting one spouse in becoming a self-supporter. This alimony requires that spouse to have a specific plan of gaining education or re-establishing skills.
Durational - alimony which is often provided when the length of the marriage does not warrant permanent alimony, but the factors of permanent alimony are met. In this case, alimony may not last longer than the length of the marriage.
Permanent Periodic - alimony which is awarded after a long term marriage and takes into account the standard of living during the marriage, the age and health of the parties, the earning capacity of the parties, contributions to the marriage, the income of the parties, etc. This type of alimony is terminated on the remarriage of the party receiving the alimony.
An award of alimony may be modified if there has been a substantial change in circumstances. The two most common changes are a decrease in income of the party paying alimony or the party who is receiving alimony is in a supportive relationship. In any event, an obligation to pay alimony may not leave that party with significantly less net income than the party receiving alimony.
Divorce and family issues involve the bonds and responsibilities of the family and can be complex and very emotional, especially for children. At Telfer, Faherty, & Anderson, P.L., we handle all areas of family law, including contested and uncontested divorces, modifications, paternity, child support, and dependency cases. We also handle injunctions and restraining orders, as they are often times a large part of family law cases. The protection of your rights, and the rights of your children, are our top priority and you will receive the personalized attention you deserve.To find out more about the areas of family law handled by our firm and schedule an appointment with our family law attorney, please contact us at 321-269-6833.
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