How Is Florida Alimony Computed?
In Florida, courts may use several different methods of awarding alimony to a spouse. Florida courts have significant discretion in deciding upon which method of alimony calculation to use, the duration of payments and the amount of payments. Courts may award temporary or rehabilitative alimony and permanent alimony payments to spouses who request it.
Other People Are Reading
-
Durational Alimony
-
In July of 2010, Florida passed new alimony legislation allowing judges to award "durational alimony" to spouses who need support for a temporary period or during a transition. The durational alimony award is similar to rehabilitative alimony, but judges may award durational alimony when one spouse needs a limited amount of economic assistance for a set amount of time. Rehabilitative alimony, also temporary, helps a spouse obtain self-sufficiency at some point in the near future.
Calculating Amounts
-
When awarding alimony, Florida courts must consider the total circumstances of each case. Courts consider each spouse's age and economic ability, earning potential, each spouse's relative health, contributions by each spouse to the marriage including whether one spouse was responsible for domestic care-taking chores, while the other furthered his career, available income sources and any other factors to avoid permanent injustice to either spouse. There are no standard guideline amounts in Florida, and the courts will perform a case-by-case analysis to determine the award amount.
-
Timing
-
When spouses agree upon alimony, the Florida courts will generally uphold their written agreements. However, when spouses cannot agree, courts will decide the issue for them. Before deciding whether alimony is appropriate, a Florida court will first distribute the couple's assets and liabilities. Once a judge decides upon the allocation of assets, or if the couple can mutually agree upon the allocation, then the judge will consider whether alimony is appropriate after reviewing the distribution of marital assets.
Permanent Alimony
-
Under Florida law, judges can award permanent alimony that continues so long as both parties are alive and not remarried. If one spouse dies, then the alimony order terminates. If the spouse receiving alimony marries again, then the court will terminate alimony. To provide the receiving spouse with legal assurance of continuing alimony payments, Florida courts may order the paying spouse to purchase life insurance, obtain a security bond or pledge personal or real property to guarantee payment.
Considerations
-
Since family laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
-
References
Resources
- Photo Credit Legal Law Justice image by Stacey Alexander from Fotolia.com
