Helping Floridians Navigate Alimony
When a marriage ends, one of the most complex and emotionally charged issues that often arises is the determination of alimony, also known as spousal support. Alimony is court-ordered for the financial support of one spouse by the other after separation or divorce. It is designed to help the financially disadvantaged spouse maintain a reasonable standard of living, particularly in long-term marriages where one spouse may have sacrificed career opportunities or earning potential to support the family.
At Central Justice, our experienced family law attorneys understand the intricacies of alimony laws and the various factors that courts consider when determining the appropriate type, amount, and duration of alimony payments. We also recognize the potential impact alimony can have on immigration matters, such as sponsorship requirements, conditional permanent residency, and international enforcement. Our goal is to guide you through this complex process, protect your rights, and achieve a fair and equitable outcome.
How is Alimony Calculated?
The state of Florida has certain factors that help the judge determine appropriate alimony amounts. This changes with every case, but some of the considerations are as follows:
- Length of the marriage: In Florida, a marriage is presumed to be short if it lasts less than 10 years. A moderate-term marriage is considered 10 to 20 years, and a long-term marriage is 20 years or more. Depending on how short the marriage is, alimony may not be an option.
- Standard of living: The court will consider the standard of living established during the marriage and each party’s possible future needs.
- Age and condition of each party: Age is a significant factor when determining alimony. A couple in their 80s may not have the same needs or standard of living as a couple in their 30s.
- Earning potential: This factor is important because it considers the skill sets, education, and ability to boost earning potential. This gives courts a better understanding of the needs and challenges spouses will face.
- Contributions to the marriage: The court will also consider the work both spouses put into the marriage. This includes helping the other spouse build a career, homemaking, education, and other factors the court may find relevant.
Now that we understand how alimony is calculated, it’s important to understand the different types of alimony.
Types of Alimony
Florida has four different types of alimony that can be awarded. It’s up to the judge whether to award one or a combination of these types. They include:
- Bridge-the-gap alimony: This is designed specifically to provide spouses with needed financial support temporarily. For example, a spouse may receive bridge-the-gap alimony to cover the cost of his or her living expenses while waiting for the marital house to sell. This type of alimony may not be given for over two years and the amount cannot be modified after it’s set.
- Rehabilitative alimony: Rehabilitative alimony is meant to help divorced spouses get the education or training they need for a job. But to get this kind of alimony, a spouse has to show a plan with details about how much time and money they’ll need to reach their goals
- Durational alimony: Durational alimony might be given when other types aren’t enough to help a spouse. In Florida, the State Legislature explains that durational alimony aims to give a divorced or separated spouse financial help for a set time after a short or medium-length marriage. It can also be granted after a long marriage, but only if the spouse doesn’t need money forever.
- Permanent alimony: If spouses can’t afford the basics after their marriage ends, they might get permanent alimony. Usually, this happens after a medium-length marriage ends or a short-length marriage ends with special reasons.
Get Legal Guidance on Alimony from Central Justice
A divorce is an exhausting, frustrating, and difficult thing to work through. But you don’t have to go it alone. Here at Central Justice, we understand the potential impact alimony can have on immigration matters, such as sponsorship requirements, conditional permanent residency, and international enforcement.
We are committed to guiding you through this process with empathy and support, while fighting to get you the alimony you need. Contact us today for a consultation.