One may think that alimony is rarely granted in the year 2018, since women have become much more independent than they were in the past and are now capable to provide for themselves and their families without the help of men.
But it’s not the case: alimony is still widespread in Aventura and elsewhere in Florida. However, not every former spouse is entitled to receive alimony, also known as spousal support and maintenance.
Under Florida family law, alimony is awarded in a divorce only when one of the spouses is unable to provide for himself/herself without financial support from the other spouse.
The spouse who will be required to provide his/her former spouse with alimony payments, meanwhile, should be able to afford spousal support. There are quite a few types of alimony in Florida, which is why many divorcing couples seek the legal advice of an Aventura family law attorney in order to find out which type of spousal support is more suitable in their particular circumstances.
How alimony is determined in Florida
Spousal support in Florida is granted to be paid either on a m;onthly basis or as a lump sum (or the combination of the two). When determining alimony, family court judges and juries will consider the length of a marriage as the biggest factor. Other factors also come into play, including non-monetary factors.
When establishing what kind of spousal support to award to the spouse with fewer financial capabilities and less means to provide for himself/herself, the court considers the duration of the marriage, which is classified as short, moderate or long-term:
- Short-term – a marriage that lasted fewer than seven years
- Moderate-term – a marriage that lasted seven or more years, but no more than 17 years
- Long-term – a marriage that lasted 17 or more years.
Types of alimony
In terms of purpose of alimony under Florida family laws, spousal support payments are broken down into five types.
- Temporary alimony: this type of alimony is awarded during the divorce proceeding and is automatically terminated after the formal divorce decree is issued by the court. However, it may be replaced by one of the other types of alimony listed below.
- Bridge-the-gap alimony: arguably the most common type of alimony in Aventura and elsewhere in Florida. This type of spousal support allows the spouse to transition smoothly from being married to being single without enduring any significant harm to his/her quality of life and help afford necessities of life.
- Rehabilitative alimony: the type of spousal support that allows the spouse that has been dependent on the other spouse during their marriage, which is now being terminated, to pursue an educational program, attend courses, or brush up job skills in order to get a job and become capable of providing for himself/herself.
- Durational alimony: the go-to type of spousal support that is awarded when no other type of alimony fits the circumstances of the divorcing spouses. The duration of this alimony is typically equal to the length of the marriage. However, one of the spouses may file a request to modify this type of spousal support with the help of an attorney when alimony expires. This one is common for short-term and moderate-term marriages.
- Permanent alimony: typically awarded in moderate-term and long-term marriages. The court may award this type of alimony to be paid permanently or until the receiving spouse enters into a relationship that provides him/her with financial stability, or when circumstances change significantly for any other reason.
Typically, any of the above-mentioned types of spousal support will be terminated when the ex-spouse on the receiving end remarries or enters into a new relationship that provides him/her with substantial finances, or when either of the spouses dies.
It may be confusing to understand which type of alimony you should pursue in your particular circumstances, not to mention that emotions can get in the way to make a wise decision. Spousal support is not something to joke around with, which is why it’s highly advised to seek legal help of an Aventura family law lawyer.
Consult our alimony attorneys at S.G. Morrow & Associates for a free case evaluation. Call our offices at 786-558-4950 or complete this contact form today.
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