Alimony in Florida

Many potential clients have questions about alimony in Florida. The Florida law that governs alimony is Section 61.08,Florida Statutes.

The formula for an award of alimony is one spouse’s need and the other spouse’s ability to pay. There are different forms of alimony in Florida. For example, there is bridge the gap alimony which is designed to meet the needs of a spouse who is transitioning from being married to becoming single again. Typically bridge the gap alimony is appropriate in short term marriages (less than 7 years) when the spouse was dependent on the other spouse.

Another type of alimony is rehabilitative alimony. Rehabilitative alimony is utilized in moderate to long term length marriages in situations where the dependent spouse wants to enter the work force but needs education or training. In order to get awarded rehabilitative alimony, the spouse seeking it must have a specific plan in place in order to get rehabilitative alimony. For example, a spouse who stayed home to take care of kids could submit a rehabilitative plan including the specific school. Another very common form of alimony is durational alimony. Durational alimony is for a set period of time and is typically used in moderate term marriages (7-16 years). The length of the term of durational alimony can be up to the length of the marriage.

Many people have heard of permanent alimony. Permanent alimony is typically only utilized in long term marriages (17+ years).

The determination of the type of alimony, amount of alimony and length of the term of alimony are all very factually dependent. The amount of alimony is supposed to meet the needs of the dependent spouse. However, most people cannot afford to carry two households at the same standard of living. Therefore, when determining the type, amount and length of term of alimony the court has to evaluate the duration of the marriage, the finances available to both parties, the contribution each of the parties made during the marriage including raising the parties’ children and various other factors.

Catherine M. Rodriguez, Esq. There are a variety of tools that a good family lawyer can employ in cases involving alimony. If you are a spouse either seeking alimony or think you may have an obligation to pay alimony, call the lawyers at Filler Rodriguez, LLP at 305.672.5007 for a consultation.