Alimony & Spousal Support

Alimony, more commonly referred to as Spousal Support or Spousal Maintenance, is a part of the divorce process where monies are paid by the higher-income person to a lower-income spouse (or ex-spouse).  Awarded by a court order, it is intended to maintain the standard of living the prevailing party had been accustomed to during the time of marriage.  Alimony or Spousal Maintenance/Support can be awarded in several different ways.

1. Permanent – Also called permanent periodic alimony, this type of spousal support is usually reserved for marriages lasting ten (10) years or longer before divorcing.  This type of alimony is paid over the course of the payee’s life, and can be made in periodic payments.  
2. Rehabilitative – Awarded with the intentions of getting the spouse “back on their feet” in their post divorce time.  This type of alimony is most commonly given to housewife’s who need time to look for employment or continue their education in order to enter the work force.  Unlike permanent alimony, rehabilitative is not meant to be given over a long period of time, and has become much more likely for a judge to award than permanent.    
3. Temporary Alimony – Awarded during the divorce until a more permanent arrangement can be reached.
4. Transitional Alimony – Usually this type of support is a one-time payment to aid the dependent spouse with the transition to single life.
5. Lump Sum Alimony – This is when a permanent alimony amount is paid in one lump sum.  It can also refer to assets or property division, although this is not technically alimony.

In order for alimony to be awarded, there are a number of circumstances and guidelines taken into consideration.  The following are established under Florida Laws:

a.  The standard of living established during the marriage.

b.  The duration of the marriage.

c.  The age and the physical and emotional condition of each party.

d. The financial resources of each party, the non-marital and the marital assets  and  liabilities distributed to each.

e. When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. 

f. 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. 

g.  All sources of income available to either party.

Whether you expect to receive alimony or pay it, an experienced CPLS, P.A. attorney can help you negotiate a fair alimony settlement.