Alimony is provided for in FL Statute 61.08. There are literally hundreds of Appellate cases in Florida significantly impacting how this Statute is interpreted.
When Spouses separate or divorce the financial burden on each Spouse can be significant. Interestingly, the status of Alimony in Florida is currently in a state of flux. There have been substantial changes to the Alimony statutes and the corresponding case law over the past several years. Recently, the legislature changed definitions of short, medium, and long-term marriages and how that affects Alimony. Also, Permanent Periodic Alimony no longer exists in Florida, and Durational Alimony now, for the first time, has a formula to calculate the amount and duration of the Alimony.
According to the legislature, short-term marriages are 10 years, medium-term marriages are 10-20 years, and long-term marriages are those that last 20 years or longer.
Alimony, or Spousal Support, is the payment made by one Spouse to the other. Alimony can be court-ordered or agreed to by the parties; however, not every separated or Divorcing Spouse is entitled to Alimony. We can assess your unique situation and clearly and concisely counsel you as to your legal rights.
There are 5 types of Alimony in Florida:
- Rehabilitative Alimony
- Durational Alimony
- Bridge the Gap Alimony
- Lump Sum Alimony
- Temporary Alimony
The number one and number two factors in all Alimony cases are:
- Does one spouse have the financial ability to pay?
- Does the other spouse have a financial need to receive alimony?
You must meet both criteria for it to be an Alimony case.
In Florida, under FL Statute 61.08, there are a number of additional factors to consider when determining whether Alimony is appropriate, including the length of the marriage (as mentioned above), standard of living, the health, education and age of the parties, non-marital resources available to the parties, and other contributions made to the marriage.
The Marks Law Firm, P.A.’s in Orlando, FL have over 47 years of combined experience in the Family Law Area.