Florida Alimony Requirements

A Florida court may award alimony to one spouse during a divorce. The guidelines for setting the alimony amount are compiled in Florida statute 61.08. Alimony may be temporary or permanent depending upon the spouse's circumstances. The law sets forth the duration of alimony, when it can be modified and when it will terminate.

Types of Alimony

Rehabilitative alimony is permitted under Florida statute 61.08. This type of alimony is common in short-term marriages (less than seven years), especially when one spouse did not work and stayed home to care for the children. A 1983 Florida court, in Kristensen v. Kristensen, held that the requesting spouse is required to submit a rehabilitation plan, including the need for education or job training, in order for rehabilitative alimony to be awarded. Another type of alimony in Florida is "bridge the gap" alimony. Also common in short-term marriages, "bridge the gap" alimony is designed to give the financially weaker spouse time to adjust to being self-sufficient, especially if she needs to find employment. "Bridge the gap" alimony will be ordered for a maximum of two years and cannot be modified. If spouses have been married for between seven and 17 years, a Florida court may award durational alimony. Alimony of this type is owed for at least two years, but not longer than the length of the marriage. Permanent alimony is very rare. In Florida, permanent alimony is only ordered if spouses were married for 17 years or more, especially if one spouse was a homemaker and has been out of the workforce for many years.

Guidelines

The guidelines for setting the amount and duration of alimony were modified in July 2010. The factors a court must consider, as set forth in Florida statute 61.08, include the length of the marriage, the standard of living established during the marriage, each spouse's income, the value of each spouse's assets, each spouse's role as wage earner or home maker in the marriage, each spouse's age and which spouse has custody of any children of the marriage.

Modification

Florida statute 61.14 permits a court to modify an alimony order. Either spouse can petition for modification, and a court can increase or decrease the order if there has been a "substantial change in circumstances." For example, if the owing spouse lost his job, he must establish that his termination was involuntary and that he has no other assets with which he can continue to meet his alimony obligation.

Termination

Generally, an alimony order terminates on the date set by the court. However, an order will terminate sooner if either spouse dies or if the spouse receiving alimony remarries. Additionally, in 2005 a Florida court held that an owing spouse could petition for termination of alimony if the requesting spouse is in a "cohabitative and supporting relationship." In that case, the requesting spouse was in a relationship, but the couple never married so they could continue to benefit in the $5,000 monthly alimony payments. The court determined that an owing spouse would no longer be required to pay alimony if the requesting spouse is living with another person (regardless of gender) and the two share assets and income, even when the relationship is a non-sexual, platonic friendship.

References

• Help Yourself Divorce: Florida Alimony Laws
• Ocala Divorce Help: Anne E. Raduns; New Changes to Alimony Statute in Florida Divorce; August 1, 2010
• Divorcenet: Alimony in Florida
• The Florida Senate: 2010 Florida Statutes: 61.14 Enforcement and Modification of Support, Maintenance, or Alimony Agreements or Orders.---
• Divorce Source: Tina L. Lewert; Florida Law Update: Alimony and Cohabitation
• The Florida Senate: 2010 Florida Statutes: 61.08 Alimony