You Don’t Have To Be A Divorce Lawyer To Understand Florida Alimony Laws
This post will focus on the alimony laws in Florida by starting with the question what does alimony mean?
What Exactly Is Alimony?
There is a strict definition of alimony under Florida Statute. Payments made to a spouse or former spouse under a separation or divorce agreement for the purpose of support. The common element in all forms of Florida spousal support is that the recipient spouse must have a need and the payor spouse must have the ability to pay.
How is Alimony Calculated in Florida?
Before amount and duration are considered, need and ability must be established. Additionally, a family court must consider all of the factors found in Florida Statute 61.08. Consequently, there’s no magic alimony calculator in Florida. However, almost anything can happen as a result of the constant battle surrounding Fl alimony reform.
The Details of Florida Alimony Statute 61.08
We’ve addressed what alimony means when divorcing in Florida. Now, let’s turn our attention to the next logical question. How is alimony calculated in Florida?
A Palm Beach County divorce court has to make certain findings of fact before determining whether to award court spousal support to a party. The family court judge needs to determine whether either party has an actual need for spousal support and whether the other spouse has the ability to pay. The judge then decides an appropriate amount and duration. Alimony laws in Florida are based on the factors included in Statute 61.08.
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of each party
- The financial resources of each party, including the nonmarital and marital assets and marital liabilities distributed to each in the divorce
- The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party
- The responsibilities each party will have in their Florida parenting plan and time sharing obligations
- The tax treatment and consequences to both parties of any alimony award
- Finally, all sources of income available to either party are considered; including income available to either party after equitable distribution
What Alimony Means In A Florida Divorce May Vary Explains Boca Divorce Lawyer
In a Florida divorce case, a Palm Beach County family court may grant spousal support to either party. There are different types of alimony in Florida due to differences in the parties’ needs.
- bridge the gap
- durational, or
- permanent in nature
A Palm Beach County family court may also award any combination of these forms of spousal support. Additionally, spouse alimony can be awarded on a temporary basis. In any stated award of alimony in Florida, the family court may order periodic payments or payments in lump sum or both.
Boca Raton Florida Divorce Attorney Breaks Down The Duration Of Marriage Guidelines To Show The Complexity Of Alimony Laws In Florida
For purposes of awarding spousal support Florida under Florida alimony statute 61.08:
- A short-term marriage is a marriage having a duration of less than 7 years
- A moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and
- A long-term marriage is a marriage having a duration of 17 years or greater
The length of a marriage runs from the date of marriage to the date of filing of the petition for divorcing in Florida. Permanent alimony only applies to long-term marriages. There is an exception to be awarded permanent alimony. The alimony spouse must show extraordinary circumstances in a shorter marriage to justify the award.
The Most Important Thing To Remember About Alimony Laws In Florida
In conclusion, entitlement is the foundation of Florida alimony payments. Alimony isn’t guaranteed on the basis that one party makes peanuts compared to the rubber band banks their ex is holding. Consequently, disparity of income isn’t enough to justify a Florida spousal support award. In fact, it is an abuse of discretion for a court to award alimony payments that exceeds a party’s need.
Additionally, the issue of spousal support is raised after the division of property in family divorces. As a result, a spouse may receive sufficient income-producing assets through equitable distribution. In this case, Florida spousal support is not appropriate. Regardless of the wealth of the other party.
Click Boca Divorce Lawyer today to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach, and all of Palm Beach County, South Florida.
South Florida Family Law Attorney Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simplified Dissolution of Marriage
High Net Worth Divorce
Alimony Laws In Florida
Division of Retirement Benefits In Florida Divorce
Legal Separation Agreement
Division of Property
Dissipation of Marital Assets
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement