Those seeking a divorce in Florida should know that alimony has undergone some recent changes. A new Florida state law providing guidelines for alimony took effect on July 1. Before the enactment of the law, Florida judges relied on previous cases in making alimony determinations.
The new law provides exact requirements for how long you must be married in order to be entitled to long-term alimony. The law also sets up different types of alimony for everyone else who does not qualify for long-term alimony.
One positive aspect of the law is that it sets out what type of alimony a divorcing spouse is entitled to, which can be especially beneficial for attorneys or those representing themselves. However, there is no absolute value of alimony available to everyone who falls into a certain category. Judges must still take the spouse's need and the other spouse's ability to pay into account.
The new law sets up four types of alimony: permanent, durational, rehabilitative, and bridge-the-gap.
Permanent Alimony
Under the new law, permanent alimony is only available to spouses who have been married at least 17 years. Some factors that the judge will consider are whether the spouse is getting divorced late in life with poor prospects of obtaining full-time employment and whether the spouse has a medical condition that may make it impossible to work full-time.
Durational Alimony
Durational alimony is a new category of alimony under the law available to those who have been married from seven to seventeen years. Durational alimony is awarded for short to moderate periods of time. The maximum amount of alimony a spouse can be awarded is for the number of years they were married. For example, if a spouse was married for eight years, he or she is entitled to a maximum of eight years of alimony.
Rehabilitative Alimony
This type of alimony is usually reserved when a spouse has been out of the workforce for many years and needs training or education to support themselves. This type of support is usually limited to four years of support and can include tuition expenses.
Bridge-the-Gap Alimony
The law created a new type of alimony called bridge-the-gap alimony. This is a short-term type of support, designed to help a spouse who has been out of the workforce to get back on his or her feet. Bridge-the-gap alimony is only available for two years. This type of support will be helpful for spouses who have not been married for seven years and do not plan on going back to school.
With these four types of alimony, the law seeks to provide support for deserving spouses in many different situations.
Source: Orlando Sentinel "Divorce and alimony: How much do you get?" 8/16/10
Comments: 1


1 Comment
Angela
April 12, 2011 at 9:23 AM
Do you recommend my husband waits to address this in court since it appears we are only in the 9th year of the 16 year "durational alimony" period?
Leave a comment