Florida’s Alimony Law (F.S. 61.08) was changed in 2010.  The changes,

amendments and additions are very important.  The 2010 Alimony law is outlined here.

Working Definition of Alimony

Alimony- monetary payment(s) made by one party to the other party pursuant to a Court order.  The payments may be periodic (made at set period of time) or lump sum or any combination of these two.  Usually, alimony is decided upon after the Court makes its division of the parties Marital Property and before the determination of child support, if any.

What factors or reasons does the Court use to determine if Alimony should be awarded? There are several factors or reasons a Court must use to determine if you get alimony.

The first, does one party to the marriage need money to live and does the other party to the marriage have the ability to pay money for some or all of what the other party needs?

Second, if the Court finds need for alimony and the ability to pay alimony, then the Court must determine: a. What type(s) of alimony? b. How long alimony should be paid. c.  How much should be paid? d. How frequently alimony should be paid?

What are the factors or reasons a Court must use to determine Type, How Long and How much should be paid for Alimony?

These are the factors or reasons a Court must use to determine type, how long and how much alimony must be paid.

A.  Standard of living established during the marriage.

B.  How long were you married?

C.  Age and physical and emotional condition of each party.

D.  Financial resources of each party, including non-marital property and all the assets and liabilities distributed to each party. (See Equitable Distribution Article)

E. Earning capacities, educational levels, vocational skills ad employability of the parties and if appropriate, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

F.  Contribution of each party to the marriage, including services rendered in homemaking, child care, education, and career building of the other party.

G.  Responsibilities each party will have with regards t any minor children they have in common.

H.  Tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

I.  All sources of income available to either party, including income available to either party through investments f any assets held by the party.

J.  Any other factor necessary to do equity and justice between the parties.

Does the length of my marriage affect my claim to Alimony?  Yes. The length of your marriage is divided into three categories: short-term, moderate-term and long-term. It is the second factor the Court must use to make a determination on alimony.  So  the length of your marriage does affect what type of alimony and the length of alimony payments the Court can award.

A. Short-term marriage is a marriage that lasted less than seven (7) years.

B. Moderate term marriage is a marriage that lasted at least seven (7) years but less than seventeen (17) years.

C. Long-term marriage is a marriage that lasted at least seventeen (17) years or more.

Is alimony only awarded to the Wife? No.

A Court may grant alimony to either the husband or the wife.

Can a Court require the paying party to get life insurance to protect future alimony or support payments?   Yes

If the insurance is reasonably available and affordable (reasonable cost) then a Court may require life insurance to secure the payment of alimony.

Can adultery impact the alimony? Yes.

In deciding an alimony issue a Court can consider adultery of either spouse and the circumstances of the adultery when the Court is determining the amount of the alimony.  So it seems to imply adultery doesn’t prevent the award of alimony only how much.

There are Four Types of Alimony:

1. Bridge the Gap, and
2. Rehabilitative, and
3. Durational; and
4. Permanent.

Is the Court restricted to awarding only one type of alimony?  No.

The Court can award more than one type of alimony but it depends upon what is asked for in your divorce papers (your petition or counter petition) and the facts (evidence) of the case.

So let’s look at each type of alimony!

1. What is Bridge the Gap Alimony?

It is an award of support which is paid to help one party go from married to being single.  The award requires the party seeking Bridge the Gap Alimony prove a “legitimate identifiable short-term need”.  What a “legitimate identifiable…need” means depends on the facts of the case.

What is the longest period of time Bridge the Gap Alimony will last?  No more than two years.

But, “short-term” means no more than two (2) years.  The law does not give any grounds upon which Bridge the Gap Alimony may be extended beyond two (2) years.

Is Bridge the Gap Alimony modifiable (changeable after it is ordered)?  No.

The law states that once Bridge the Gap Alimony is awarded the amount and length of time it must be paid cannot be changed.  Bridge the Gap Alimony “shall not be modifiable in amount or duration.”  The law does not allow either party to request or the Court to change Bridge the Gap Alimony after it is initially awarded.

Does death or remarriage effect the obligation to continue to pay Bridge the Gap Alimony?  Yes.

If the party ordered to pay or the party receiving the alimony dies Bridge the Gap Alimony also ends.  Also if the party receiving the Bridge the Gap Alimony remarries it ends the obligation to continue to pay.  The statute does not have an automatic termination and you probably should file a motion with the court to formally terminate the bridge the gap alimony.

2. What is Rehabilitative Alimony?

Rehabilitative alimony is a support payment awarded to help a party in establishing the ability (capacity) for self-support (get a decent paying job).  It is meant to help the other party get education or training so they can go out and get a job and earn a living by redeveloping past job skills or credentials

How do I get Rehabilitative Alimony? You have to have a plan.

The law requires you have a specific and defined rehabilitative plan.  If the Court agrees you need rehabilitative alimony the plan will be included in the Judge’s order, therefore, write out your plan.  Suppose you can get admitted into a nursing school-your plan should include the names and description of the educational courses you need.  When you anticipate you will start the nursing program and graduate.  When you will take which courses? What are the costs of the tuition, books, fees and labs you need?

Is Rehabilitative Alimony modifiable (changeable after it is ordered)?  Yes.

The 2010 statutory change specifically states Rehabilitative Alimony may be modified.  See, Florida Statute 61.08 (6) (c).

What can be reasons (grounds) for modification or termination of Rehabilitative Alimony?

Rehabilitative alimony may be modified or terminated based upon a substantial change in circumstance of either party, upon non-compliance (breaking the rehabilitative plan) or completing the rehabilitative plan, or death of the party being rehabilitated.  Don’t ever assume the rehabilitative alimony obligation just ends on it’s own or you can modify it verbally.  It is always safer to file a motion to modify the rehabilitate alimony and get a Court order officially declaring the rehabilitative plan is modified or ended then trusting that it will just take care of it’s self.  Protect your self. Before you file the motion to end or modify the rehabilitative alimony make sure you read Florida Statute 61.14 especially subpart FS 61.14 (b) 1; subpart 2, and 2 a through k.

3. What is Durational Alimony?

It is an award of support paid after the divorce to provide a party with economic help for a set period of time.  It is a different type of alimony.  See Florida Statute 61.08 (7).

Is length of the marriage an important factor in awarding Durational Alimony?  Yes.

Durational Alimony is only available to individuals who are married for less than seventeen (17) years, in other words, married short-term or moderate-term.

Does Durational alimony ends sometime in the future?  Yes.

How long into the future depends upon how long you were married.  Durational alimony can be awarded for as long a time as you were married.  This doesn’t mean you automatically get or have to pay Durational alimony for the length of your marriage.  It means that durational alimony last up to the length of your marriage but it can be less too.  To be awarded Durational alimony you need to ask for alimony in your petition or counter petition and present your evidence of need for the alimony and the ability of the other party to pay for the alimony. The Judge will set the amount and length of time in the Final Judgment after trial or adopt the length of time you agreed to in the mediation agreement.

May Durational Alimony be Modified or Terminated?  Yes, but be careful.

The law says durational alimony is modifiable or can be terminated.  But remember there are two parts to the durational alimony, how much you pay and how long you pay.    The length of durational alimony may only be modified “under exceptional circumstances”.  What an “exceptional circumstance” is not described in the statute.  When it comes to modifying the amount of durational alimony there is no “exceptional circumstances” requirement for modification.

What are the reasons (grounds) for termination or modification of durational alimony?

Termination of durational alimony-upon the death of either party, or the remarriage of the party receiving the durational alimony.   Don’t believe for a moment that termination is automatic, under the circumstance it may sound silly but you are better off if you file a motion seeking official approval of the termination.  This is especially true if you are paying the durational alimony through the state depository or money is being taken out of your pay from an Income deduction order.

The amount of a durational alimony award may be modified or terminated based upon a “substantial change in circumstances.” Please read Florida Statute 61.14 because it provides a lot of information you need.  But briefly, FS 61.14 talks about increasing or decreasing the amount of alimony due to:

1. Changes in the financial circumstances of either party.  The party asking for more alimony has greater need for more money since the final judgment was entered and the party being asked to pay more has the ability to pay more, or
2. The paying party can show the receiving party is in a relationship like a marriage where the person the receiving party is living with pays for some or all of the costs of living and the amount of support should be reduced or terminated. The statute calls it a “supportive relationship”.

1. What is Permanent Alimony?

A type of alimony that pays for the “needs and necessities of life”  established during the marriage.  Your standard of living sets the bar for what are the “needs and necessaries of life”. Permanent alimony is available to the party who lacks the financial ability to meet the “needs and necessaries of life” after the marriage has ended in divorce.

How long do I have to be married to qualify for Permanent Alimony?  Depends

Medium or long-term marriages qualify without the need to show “exceptional circumstances”. A short-term marriage must show “exceptional circumstances” before it can qualify for permanent alimony award.  In a short-term marriage an exceptional circumstance may be a health related issue that arose during the marriage and prevents the other party from working or finding employment.

Is Permanent Alimony able to be terminated or modified?  Yes

a. Terminates upon the death of either party or remarriage of the party receiving alimony.  Unless you are the person who died, to be safe, file a motion with the court so you can get an order terminating your obligation to pay permanent alimony as soon as either reason to terminate arises.  This is especially true if you have money being taken from your pay under an Income Deduction order.  (Sometimes an income deduction order is referred to as IDO)

b. Permanent alimony may be modified or terminated by filing a motion to modify or terminate permanent alimony.  You must show a “substantial change in circumstances” or a “supportive relationship” that is, the party receiving alimony is living with some one they are not related to and part of all the cost of living are being paid by the person living with the receiving party.  See, Florida Statute 61.14 for more information.

AVOIDING PAYMENT THROUGH THE DEPOSITORY can be accomplished one of two ways:  first, if there are no minor children, alimony payment need not be made through the depository.  OR second;

If there are minor children and both parties do not want the alimony payments to go through the depository.

BUT later either party can request the court change the order and require payments be made through the depository.  The request is usually made by way of a motion or supplemental petition to require alimony payment be made through the depository.

Here is another way to get alimony payment changed so it is paid through the depository.  A subpart this statute states: if there are minor children, either party can go to the depository and file an affidavit saying the paying party has not paid the alimony an arrearage (alimony not paid over a period of time and a court adds all which wasn’t paid into total amount owed to you/ often called an arrearage).

The affidavit you file should state there is a non-payment of alimony or arrearages and you want to “participate in the depository program”.  You give the original to the depository and send copies of the affidavit to the court and the other party too.  About 15 days after you file your affidavit the depository “shall notify all parties that future payments be directed to the depository.

If you qualify as an IV-D case, the IV-D agency shall have the same rights as the obligee (person owed the payments) to request the future payments be made through the depository.