At first glance,
alimony can be a highly confusing topic. When considering all of the legal speak
and rules that are associated with determining who pays what and how much
is to be paid, this aspect of
divorce can become extremely dense and difficult to navigate. Fortunately,
our firm has answered some frequently asked questions to help clear up some of
the confusion.
What Are the Different Types of Alimony?
Florida allows for five different types of alimony:
- Temporary
- Bridge-the-gap
- Rehabilitative
- Durational
- Permanent
Temporary alimony, also referred to as “pendent lite” alimony,
involves supporting a financially dependent spouse throughout the duration
of the divorce process. These payments usually end once the divorce is
finalized. Bridge-the-gap alimony is a temporary payment plan for the
purposes of helping the receiving spouse meet their short-term financial
needs, such as living expenses while waiting for the sale of real estate.
This type of alimony can last for a maximum of two years.
Rehabilitative alimony can be awarded for the purpose of financing educational
or training goals to improve a spouse’s employment options. If these
types of alimony do not sufficiently cover a spouse’s financial
needs, durational alimony can be awarded that will last as long as the
marriage itself.
In rare cases, a dependent spouse may be awarded permanent alimony to indefinitely
meet their financial needs. Oftentimes, this is reserved for spouses who
are deemed unable to become self-sufficient.
What Determines the Need for Alimony?
The courts will consider several different factors when determining whether
alimony is needed and how much should be paid. If a spouse is deemed financially
dependent, the courts must also examine whether or not the other spouse
has the ability to pay. This involves a detailed examination of a couple’s
financial situation and the unique circumstances of their marriage.
The courts will consider the following:
- The financial resources and property of the alimony-seeking spouse
- Both spouses’ incomes and investments
- The spouses’ educational and employment histories
- The standard of living established by the marriage
- The length of the marriage
- Tax consequences of alimony
- The responsibility of the spouses to care for any children
Can Alimony be Modified?
The short answer: sometimes. In order to seek a modification to an existing
alimony arrangement, a considerable change of circumstances must be shown
to warrant the proposed change. For example, a paying spouse may seek
to have their alimony arrangement nullified or reduced if the receiving
spouse finds gainful employment or suddenly comes into a great deal of
wealth. It is important to note, however, that bridge-the-gap alimony
cannot be changed under any circumstances.
Involved in an Alimony Dispute? Call (813) 251-6705
If you believe you are paying an unfair amount of alimony or are in the
middle of a divorce, a Tampa divorce attorney from Catherine W. Real,
P.A. can represent your interests and fight for a fair outcome on your
behalf. Having provided top-rated legal advocacy for more than 35 years,
Attorney Catherine W. Real can protect your rights in court and maximize
your chances of securing the results you need.
To get started,
contact her office today to request a
free consultation!