Under Florida Divorce law, entitlement to alimony is based on “need” and “ability”. Both “need” and “ability” need to be quantified. No guidelines exist for a determination of the length and amount of alimony.
Different types of alimony exist. In a marriage of 17 years or more (long term), a presumption of entitlement to alimony arises in favor of the spouse who is in need of spousal support (alimony). In such as instance, and dependent on the particulars of the case, the spouse in need may be awarded either “permanent periodic” alimony or “durational” alimony. The term “durational” refers to the length of alimony being commensurate with the length of the parties’ marriage. If the parties were married 17 years, then the length of a durational alimony award will be upwards to 17 years. Florida Divorce law also provides for “rehabilitative” alimony. If a spouse’s earning capacity was diminished as a result of the Marriage, but the spouse is still young and healthy enough to be “rehabilitated” back to earning $50,000.00; or the spouse is capable of increasing her earning potential within a reasonable time, then the spouse may be awarded “rehabilitative” alimony. A “rehabilitative plan” must be established and provided to the Florida Divorce court. In other instances, a Florida Divorce court may award a spouse with “bridge-the-gap” alimony which is awarded for a specific, identifiable purpose; for example, moving expenses, first/ last month’s rent, open up utility accounts, pay off a debt, etc.
Speak with Garth R Goodman in St. Petersburg, FL today to begin working on your alimony case.
In the state of Florida, a few different types of alimony exist. An alimony attorney can assist you with filing for: