Types of Florida Alimony

With the death of the latest attempt of alimony reform in Florida, the current types of spousal support in the legislation are all still available to divorcing spouses. It is important to understand what types of alimony are allowed by the family law court and how they differ amongst themselves if you believe that you will be entitled to or owing spousal maintenance after a divorce.

Temporary alimony differs from the other types of spousal support available because it is given during the divorce proceedings, not after. Typically, the petition for temporary alimony is submitted to the court with the petition for divorce. It can be ordered by the judge on the day of the filing and last until the day of the final divorce decree. It is meant to support the economically disadvantaged spouse while the divorce is ongoing.

There are many different types of alimony that can be ordered by a judge in a Florida divorce. Under Fla. Stat. 61.08 a court can assign bridge-the-gap, rehabilitative, durational, or permanent alimony to a less economically advantaged spouse.

Under the law, bridge-the-gap alimony can be awarded to “assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs.” This type of support cannot last longer than two years, and it can end with the death of either party or if the receiving spouse remarries.

This type of spousal support is awarded by the court to “assist a party in establishing the capacity for self-support through either the redevelopment of previous skills or credentials or the acquisition of educators, training, or work experience necessary to develop appropriate employment skills or credentials.” For this type of alimony, there must be a defined rehabilitative plan and can be modified or terminated if the plan is not complied with or is completed.

This type of alimony is awarded when the judge believes that the circumstances of the marriage do not support the award of permanent alimony. “The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis.” This type of support cannot last longer than the length of the marriage.

This type of alimony is awarded to a spouse when a spouse lacks the financial ability to meet the needs and necessities of life as they were established during the course of the marriage. The court must find that no other type of alimony award is appropriate before awarding permanent support and is typically awarded after a long marriage.

If you or someone that you know has questions regarding the different types of spousal support available after a divorce in the Fort Lauderdale area, the experienced family law attorneys at Stok Kon + Braverman are here to help. Call the office or contact us today for a free and confidential consultation of your case.