Missing Alimony?
Alimony is monetary support given to a spouse after or during the pendency of a divorce. No divorce is the same and alimony is the least predictable part of divorce. The judge has discretion in awarding alimony, also called spousal support or maintenance. As of July 1, 2023, alimony laws have changed to provide guidelines for the duration and amount of alimony based on the number of years married. The removal of permanent alimony from the statute is part of alimony reform which has been sought but not passed for several years until Governor De Santis.
The court’s decision is factual; that one party should pay alimony to the other is based on two factors. Whether the requesting party actually needs alimony and whether the other party can pay. Other factors the court may consider include the length of the marriage, the age and health of the requesting party, education and earning capacity, and contributions to the marriage.
These are the forms of alimony now awardable under Florida Law.
Bridge-the-gap alimony – the support will not exceed two years and is to help the other spouse transition from married to single life.
Durational alimony for moderate and long term marriages does not exceed a term of years and an amount of 35% of the difference between incomes of the parties.
Rehabilitative alimony – the receiving spouse has a specific plan to become self-supporting, such as completing a college degree for a particular job placement.
Lump Sum alimony – where a spouse has a special need.
The Court can award no alimony or a combination of several types of alimony. It is best to consult with an attorney regarding alimony under the new statute.
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