Alimony Laws in Florida
Alimony, sometimes called marital support or spousal support, is the obligation of one spouse to provide financial support to the other spouse after a divorce. In Florida, alimony payments can be made by either party regardless of sex. Talk to a Florida attorney if you need legal advice about alimony or other family law issues.
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Duration
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Florida alimony awards can either be temporary or permanent. Florida statutes section 61.08 states that a court can award rehabilitative alimony intended to redevelop the skills of the spouse until he can gain financial independence. Alimony can also be awarded on a permanent basis, though these payments terminate if the recipient dies or remarries. The court can award monthly, semi-monthly or lump-sum alimony payments as it determines appropriate.
Procedures
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Florida courts do not award legal separations, so the only way a court can award alimony is if a divorce is filed. While couples can separate under any terms they choose to accept between one another, these agreements do not have the effect of a court order unless the court awards alimony as part of a divorce. Once a divorce is filed, the couple can either come to an agreement between themselves or ask the court to determine the alimony award. Once either an agreement is made or the court decides alimony, it then becomes part of the divorce and the court's order.
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Factors
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Couples who cannot agree to an alimony settlement must have the court determine the amount of alimony that is appropriate. The court takes various factors into consideration when determining alimony, including the couple's standard of living, the age and abilities of each spouse, each person's income and the length of the marriage, according to the Florida Bar. Unlike some other states, Florida courts can take any adultery into consideration when determining an alimony award, according to Florida Statutes section 61.08.
Property
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Alimony payments exist independently of property settlements, though the court can take the distribution of property in a divorce into consideration when awarding alimony. For example, if a couple gets divorced and agrees to divide the marital property between them but cannot agree on alimony payments, the court will decide the award for them. In its determination, the court can take into consideration how much property each spouse receives in the property settlement. Once ordered, alimony must be paid no matter what property settlement has been reached.
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