Alimony

In an award of alimony, the Court may order periodic or lump sum payments or a combination of these forms of alimony depending on a number of factors. The Court will look at, not only the duration of the marriage, but also the needs of the spouse requesting alimony and the financial ability of the other spouse to pay that amount. Ability to pay and needs can be determined through each party’s financial affidavits and other financial documents. If there are minor children in the case, the Court will also consider the child support amount when determining an alimony award. However, child support shall be in addition to the alimony award. Alimony is non-taxable to the payee and non-deductible to the payor. The Court may grant alimony to either party in the form(s) of bridge-the-gap, rehabilitative or durational alimony, as is equitable:

A. Bridge-the-gap alimony may be awarded to provide support to a party in making the transition from being married to being single. Bridge-the-gap alimony assists a party with legitimate identifiable short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the obligee. An award of bridge-the-gap alimony is not modifiable in amount or duration.

B. Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through the redevelopment of previous skills or credentials or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan included as a part of any order awarding rehabilitative alimony. The length of an award of rehabilitative alimony may not exceed 5 years. An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan if the plan is completed before the length of the award of rehabilitative alimony expires.

C. Durational alimony may be awarded to provide a party with economic assistance for a set period of time. An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances. Durational alimony may not be awarded following a marriage lasting less than 3 years. The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage: short-term marriage may not exceed 50% of the length of a short-term marriage of less than 10 years; 60% of the length of a moderate-term marriage having a duration between 10 and 20 years; or, 75% of the length of a long-term marriage of 20 years or longer.

In some cases, when possible, the option for one spouse to pay the other spouse a lump sum alimony payment or payments from the paying spouse’s share of equitable distribution, can be made to satisfy an alimony award.