Alimony

The issue of spousal support, or alimony, is a difficult subject in many divorce cases. Alimony creates a debtor/creditor relationship between you and your spouse, which leaves a lasting connection between the both of you until the obligation for alimony ends.

What Types of Alimony are Available?

There are several types of alimony under Florida law: temporary, rehabilitative, bridge-the-gap, and durational. Florida previously permitted permanent alimony; however, it was abolished in July 2023. Alimony can be ordered to paid over a set period of time or in lump sum and Hertz • Sager can represent you in either occurrence related to what type of alimony may be calculated in your high conflict or uncontested divorce.

Temporary alimony is awarded during the divorce case to the spouse that needs financial support during the pendency of the case until final resolution of the case by agreement or trial. Temporary alimony terminates upon the completion of the divorce proceeding.

Rehabilitative alimony is awarded to enable a party to become retrained, educated, and self-sufficient. The award of rehabilitative alimony cannot exceed 5 years and must be accompanied by a specific and detailed rehabilitative plan by which the party receiving rehabilitative alimony must abide. Rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, noncompliance with the rehabilitative plan, or completion of the rehabilitative plan before the length of the award expires.

Bridge-the-Gap alimony is awarded to assist a party in making a transition from being married to single life. The maximum amount of time it can be awarded is 2 years. An award of Bridge-the-Gap alimony terminates upon the death of either party or upon the remarriage of the party that is receiving the alimony. Bridge-the -Gap alimony is not modifiable in amount or duration.

Durational alimony is awarded to provide a party with economic assistance for a set period of time after the divorce is finalized. It may be paid over time for a set period of years depending upon the length of the marriage as set forth in 61.08, Florida Statutes. A short-term marriage is a marriage of less than 10 years, a moderate-term marriage is a marriage between 10 to 20 years, and a long-term marriage is a marriage of 20 years or longer. The period for which durational alimony is awarded may not exceed 50% of the length of a short-term marriage, 60% of the length of a moderate-term marriage, and 75% of the length of a long-term marriage. It cannot be awarded in a marriage that is less than 3 years and it terminates upon the death or remarriage of the party that receives the alimony. Durational alimony can be modified based upon a substantial change in circumstances after entry of the final judgment establishing the alimony award. Additionally, when awarding durational alimony, the court may extend the duration beyond the percentage of years set forth above if there is clear and convincing evidence that it is necessary and upon consideration of the following factors: the receiving party’s age and employability, resources, mental or physical disabilities of the parties and/or children. The amount of durational alimony is either the actual amount of the party’s “need” or an amount not to exceed 35% of the difference between the parties’ net incomes, whichever amount is less.

A party may be entitled to a combination of these types of alimony, depending upon the factors set forth in Florida Statute §61.08(3), including, the standard of living established during the marriage, the length of the marriage, the age of the parties, the emotional condition of the parties, the financial resources of each party, the earning capacity of each party, including their vocational skills and employability, the contribution of each party to the marriage, such as homemaking, childcare, and education and career building of the other party, all sources of income available to each party, and any other factors necessary to do justice between the parties. The court may consider the adultery of either spouse when determining the amount of alimony if there was any resulting economic impact.

How Do I Know If I Am Entitled to Alimony?

Many times, we must take an in depth look into the parties’ actual income and available assets, the marital standard of living, and other complex issues. We will work with a forensic accountant and/or vocational evaluator, if necessary, to help us get the most detailed information to enable us to address the issue of alimony through mediation or litigation. The factors considered and standards of determining the appropriate type and amount of alimony are the same irrespective of you and your spouse’s overall net-worth and earning levels. The attorneys at Hertz • Sager can assist you in analyzing your potential obligation to pay or right to receive alimony regardless of the amount you and your spouse earn.

Modification of Alimony

Florida courts have the ability to modify alimony in certain circumstances; this includes the ability to reduce, increase or terminate an award of alimony based upon the particular circumstances of each case. The amount of temporary, durational, and rehabilitative alimony may be modified if the court finds the receiving party entered into a financially supportive relationship with a nonfamily member, the payer reached normal retirement age, or there was a substantial change in circumstances since the time the party was initially awarded alimony. Durational alimony may not be modified in length except under exceptional circumstances. Rehabilitative alimony may be modified in length if the party receiving alimony completes the rehabilitative plan before the length of the award expires, Bridge-the-Gap alimony cannot be modified in amount or duration. The family and marital law attorneys at Hertz • Sager have the knowledge and experience to advise you of your options and guide you on the path to best deal with any sudden change of circumstances whether you are the spouse who receives alimony or the spouse who pays alimony.