Understanding Alimony in Florida
Alimony, which is also called spousal support, is money paid from one spouse to another after a divorce. It’s meant to address financial inequality after a marriage ends.
Florida alimony laws are complicated and always changing. This guide will give you a basic overview of the key things you should think about as you navigate alimony in your divorce.
You might see something called an “alimony calculator” online, but these tools should be used for educational purposes only. They are not a substitute for the advice of a qualified attorney.
In this guide, we’ll cover what factors influence alimony decisions, the different kinds of alimony in Florida, and why you should consult with a lawyer.
What factors influence alimony awards in Florida?
Florida courts don’t rely on a simple calculator to determine alimony. Instead, they carefully consider a range of factors to ensure a fair outcome. Here are some of the core considerations:
- Financial resources of each party: The court will look at the income, assets, and debts of both spouses. This includes income from employment, retirement funds, investments, and any other source.
- Standard of living during the marriage: The lifestyle you established together during the marriage plays a significant role. The court will try to ensure that both parties can maintain a similar standard of living, if possible.
- Duration of the marriage: Florida law categorizes marriages as short-term (less than 7 years), moderate-term (7-17 years), and long-term (over 17 years). The length of your marriage will heavily influence the type and duration of alimony awarded.
- Age and health of each spouse: The court considers the age, physical, and emotional health of each spouse. A spouse with health issues or advanced age may be more likely to receive alimony.
Beyond these core considerations, the court may also consider:
- Earning capacity: What each spouse is capable of earning, based on their education, skills, and work history. The court will also consider any time spent out of the job market.
- Contributions to the marriage: How each spouse contributed to the marriage, including homemaking, childcare, and supporting the other spouse’s career.
- Child responsibilities: Which spouse has primary responsibility for any minor children.
Types of Alimony in Florida
Florida law provides for several different types of alimony. Here’s a quick look at each one:
Bridge-the-Gap Alimony
This type of alimony is designed to help a spouse transition from married life to being single. It’s meant to provide short-term assistance and cannot last for longer than two years. Also, it cannot be modified once it’s set.
Rehabilitative Alimony
Rehabilitative alimony is intended to help a spouse get the education or training they need to support themselves. To get this type of alimony, you need to have a specific plan for how you’re going to become self-sufficient. It’s usually limited to a maximum of five years.
Durational Alimony
This provides economic assistance for a specific amount of time. The length of time you can receive durational alimony often depends on how long you were married. Short-term marriages (less than 10 years) typically can’t receive durational alimony for more than half the length of the marriage. Moderate-term marriages (between 10 and 20 years) can’t exceed 60% of the marriage length, and long-term marriages (20+ years) are capped at 75% of the length of the marriage.
Pendente Lite Alimony
This is temporary support that’s provided while the divorce is still in progress. It’s meant to help a spouse financially during the divorce proceedings.
Why online alimony calculators are usually wrong
You won’t find an official “alimony calculator” for Florida. That’s because the state doesn’t have a formula for determining alimony payments.
Some attorneys use a simplified calculation to estimate alimony: Take 30% of the paying spouse’s gross annual income and subtract 20% of the receiving spouse’s gross annual income. Keep in mind that alimony can’t exceed 35% of the payer’s net income.
However, this is a very rough estimate. Alimony calculators can’t take into account the factors a judge will consider, like each spouse’s needs and contributions to the marriage.
Because alimony laws are complex, you should always speak with an experienced Florida divorce attorney for advice about your specific situation.
Alimony Modifications and Other Considerations
Keep in mind that Florida alimony laws are complex, and several factors can influence the outcome of a case. Here are some key points:
- Modifications: Alimony isn’t always set in stone. If there’s a significant change in circumstances – like a job loss, a big raise, retirement, or an inheritance – either party can petition the court to modify the alimony amount.
- Termination: Alimony typically ends automatically when either the payer or the recipient dies, or if the recipient remarries.
- Taxes: Under current tax law, alimony payments aren’t tax-deductible for the person paying, and the recipient doesn’t have to report them as income.
- Life Insurance: The court can order the paying spouse to maintain a life insurance policy to ensure that alimony payments continue even if they die.
- Child Support: Alimony awards can sometimes have an impact on how child support is calculated.
This information is for general knowledge only and shouldn’t be taken as legal advice. Consult with a qualified Florida family law attorney for advice specific to your situation.
Wrapping Up
Florida alimony laws are complex. To understand how they apply in your case, you’ll need to analyze your circumstances carefully.
A Florida divorce attorney can be an invaluable resource. A lawyer who knows Florida family law can help you navigate the complexities of alimony and other aspects of divorce proceedings.
When you consult with an attorney, you can be sure that your rights are protected and that you receive advice tailored to your specific situation.
Understanding your rights and obligations regarding alimony is crucial if you want a fair and equitable outcome in your divorce case. Don’t hesitate to seek professional legal advice to ensure your interests are represented.