Alimony in Florida
There are several types of alimony (also called spousal support) awards that may apply in a divorce. As a general basic “rule of thumb”, whether alimony of any kind will be awarded by the court is based on the length of the marriage and whether there is a need for alimony by the spouse requesting it, and an ability to pay alimony by the spouse expected to pay it. Alimony may be ordered on a temporary basis while the divorces case is pending, as well as in the court’s final ruling or judgment.
A final order of alimony may be in favor of either a husband or a wife, and is typically either “rehabilitative”, for a specific period of time to allow a receiving spouse to improve their job skills or education), or “permanent” which typically ends or is modifiable only upon the death, remarriage, or cohabitation with another unrelated adult (in a financially supportive relationship) of the receiving spouse, or some other substantial and permanent change in financial circumstances. In some cases a spouse may receive an unequal distribution of the martial assets as a form of “lump sum” alimony.
An award of alimony (if any, and whatever type and amount) may be made by mutual agreement in a written settlement of your divorce case, or left up to the court to determine. A discussion with your attorney will help you decide whether the issue of alimony should be of a concern to you, and if so, the best strategies for your particular circumstance.
For tax purposes, permanent alimony is normally treated as income to the receiving spouse, and deducted from the income of the paying spouse.
Some of the possible factors that bear on the likelihood, amount and duration of any alimony award are:
Length of the marriage – Permanent alimony typically is an issue where the couple has been married for 12 years or more.
Age – Generally the older the spouse the more likely permanent alimony is an issue.
Relative income – Alimony is also more likely an issue if there is a great disparity in the earning or potential earnings of the spouses.
Health – If either party is in poor health, alimony is more likely to be an issue.
Standard of living – If, as result of the financial implications of the divorce one spouse’s standard of living will decline disproportionately to the other spouse, alimony is more likely to be an issue.
Other assets available – Alimony awards may also be affected by a spouse having assets from sources outside of the marriage.
It is important to note that the above is by no means an exhaustive list of factors to consider, and most factors are interrelated. A full and frank discussion with Mr. Cotter or Mr. Zelman is the only way to determine whether alimony is truly an issue for you to seriously consider in your divorce case.
