Different Types of Alimony

Section 61.08 of the Florida Statutes establishes the legal guidelines for awarding alimony in divorce cases, outlining the various forms of spousal support available and the factors courts must consider when determining appropriate financial assistance between parties. This statute serves as the foundation for how spousal support is structured, ensuring fairness and equity during divorce proceedings.

1. Types of Alimony Available

In a divorce proceeding, the court may award alimony to either party, depending on the circumstances. The forms of alimony available include:

• Temporary alimony: For support during the divorce process.
• Bridge-the-gap alimony: To assist the transition from married to single life, with support for short-term needs (capped at 2 years and not modifiable).
• Rehabilitative alimony: For individuals who need to gain skills or education to support themselves, based on a defined plan (modifiable and capped at 5 years).
• Durational alimony: For a set period, usually related to the length of the marriage (maximum of 50%, 60%, or 75% of the marriage’s length, depending on whether the marriage was short-term, moderate-term, or long-term).

Alimony can be awarded in lump sums or as periodic payments. The court may also consider the impact of adultery on the marriage when deciding the amount or type of alimony.

2. Criteria for Awarding Alimony

Before granting alimony, the court must determine:

• Whether the spouse seeking alimony has a genuine need for financial support.
• Whether the other spouse has the ability to pay.

The party requesting alimony bears the burden of proving both their need and the other party’s ability to pay.

3. Factors the Court Considers

If a need for alimony and the ability to pay are established, the court will evaluate several factors to determine the type, amount, and duration of the alimony. These include:

• The length of the marriage.
• The standard of living during the marriage.
• The age and health of both parties, including any physical or mental disabilities.
• The financial resources of each spouse, including both marital and non-marital assets.
• The earning capacities and employability of both parties, and their ability to become self-supporting.
• The contributions of each party to the marriage (e.g., homemaking, childcare, career building).
• The responsibilities each party will have for any minor children.

The court may also consider any other factor deemed necessary to ensure fairness.

4. Securing Alimony Payments

In certain cases, to secure an alimony award, the court may require the paying spouse to purchase or maintain a life insurance policy or other assets to guarantee the payments. This is subject to specific findings by the court that such measures are necessary.

5. Types of Marriages & Presumptions

For the purpose of determining alimony:

• A short-term marriage is defined as less than 10 years.
• A moderate-term marriage is between 10 and 20 years.
• A long-term marriage is one that lasted 20 years or more.

The duration of the marriage plays a key role in determining the type and length of alimony awarded.

6. Bridge-the-Gap Alimony

Bridge-the-gap alimony is meant to help a spouse transition from married life to single life, addressing short-term, identifiable needs. It cannot exceed 2 years and is not modifiable once awarded. This alimony ends upon the death of either spouse or the remarriage of the receiving spouse.

7. Rehabilitative Alimony

Rehabilitative alimony supports a spouse who needs time to acquire the skills or education necessary to become self-sufficient. It is based on a detailed plan that outlines the steps for rehabilitation, such as education or vocational training. The length of rehabilitative alimony is capped at 5 years but may be modified or terminated if circumstances change, or the rehabilitative plan is completed.

8. Durational Alimony

Durational alimony provides economic assistance for a set period of time, and the length of alimony cannot exceed the duration of the marriage. It may be awarded after short or moderate-term marriages when permanent support isn’t justified. This type of alimony can be modified in amount, but the duration can only be extended in exceptional circumstances.

Durational alimony is generally capped as follows:

• 50% of the length of a short-term marriage.
• 60% of the length of a moderate-term marriage.
• 75% of the length of a long-term marriage.

In extraordinary situations, the court may extend durational alimony if there’s clear and convincing evidence that the receiving spouse’s age, health, or other factors prevent them from becoming self-supporting. Florida’s alimony laws provide various forms of support to ensure fairness in divorce proceedings. Whether you are seeking alimony or may be required to pay it, it is crucial to understand the different types, eligibility criteria, and potential modifications involved. Given the complexity of the factors and circumstances surrounding alimony awards, consulting with an experienced family law attorney is highly recommended to navigate these issues effectively.