Support and Alimony in Florida
Our experience with the many divorce cases we have handled since 1975 has proven that one of the most often asked questions to us is whether a client will get to receive alimony or have to pay alimony, and for how long? Below is a quick guide to the types of alimony available in Florida.
Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony shall not be modifiable in amount or duration.
Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either the redevelopment of previous skills or credentials or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony. An award of rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.
Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.
Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate, following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence, or following a marriage of short duration if there are written findings of exceptional circumstances. In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship.
Length of Marriage
For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
A Word from Norman A. Green
“Since our doors opened in 1975, we have seen many divorce cases. While the rules concerning alimony have recently been changed, one thing that has not changed is that our attorneys will fight to make sure your divorce agreement is in your best interests. You can count on our experienced attorneys to make sure that the alimony payment is fair to the spouse receiving it. Everyone deserves a chance to start their life over after getting a divorce and that’s why you need a knowledgeable attorney on your side during your divorce proceedings. You can rest assured that you’ll get aggressive representation from us that will allow you to begin your new life as comfortably as possible.”, says Norman A. Green, partner at Green & Metcalf.
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- Serving the Treasure Coast since 1975
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Call 772-569-1001 to Schedule a Consultation in Vero Beach.
Please call the law offices of Green & Metcalf to schedule your consultation in Vero Beach and learn how our support and alimony attorneys can assist you. You can count on us for aggressive representation and accessibility when you need it the most.