Alimony

Alimony in Florida is governed by Florida Statute §61.08. The purpose of this statute is to enumerate what factors a court should consider when determining whether or not an award of alimony is appropriate, for what time period, and in what amount.

Currently there are five different types of alimony which can be awarded in the State of Florida. In determining whether or not to award alimony, the court shall first make a specific factual determination as to whether either party has an actual need for alimony and whether either party has the ability to pay alimony.

A major factor considered by the court in determining which of the above stated alimonies may be applicable in your case is the length of your marriage. The current alimony statute divides marriages into three categories with regard to length; Short-term, moderate term and long-term. A short term marriage is defined by the statute as a marriage having a duration of less than 10 years, a moderate-term marriage is defined as a marriage having a duration of greater than 10 years but less than 20 years, and a long-term marriage is defined as a marriage having a duration of 20 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.

Additionally, the court is required to consider the below stated factors, prior to an award of alimony:

• The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
• The duration of the marriage.
• The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.
• The financial resources and income of each party, including the income generated from both non-marital and marital assets.
• The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.
• The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
• The responsibilities each party will have with regard to any minor children whom the parties they have in common, with special consideration given to the need to care for a child with a mental or physical disability.
• Any other factor necessary for to do equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for in s. 61.14(1)(c)1.