Alimony / Spousal Support

If you are going through a divorce in Florida, or may be entering into the divorce process soon, it is important to know that alimony (called “spousal support” in other states) may be the biggest financial issue that will impact your life after divorce, whether you are on the paying end or the receiving end of alimony. Because of this, you should understand the potential alimony award or obligation that you might be facing in your divorce as early in the process and take the proper steps so that you are treated fairly and your rights are respected with regard to alimony orders made by the court. At The Law Offices of Ira M. Marcus, P.A. in Miami, we help protect the rights of spouses and achieve favorable outcomes in all aspects of Florida divorces, including any alimony awards.

The Types of Alimony Awarded in Florida

A Florida court may award alimony in a divorce action to either spouse (e.g. a wife may have to pay alimony to the husband). Florida courts award four different types of alimony:

• Bridge-the-Gap: This type of alimony is meant to be temporary alimony that will help one spouse adjust to life on his or her own after the marriage. A court will want to see “legitimate identifiable short-term needs” justifying the alimony, and it can be awarded for up to two years.
• Rehabilitative: This is similar to bridge-the-gap alimony in that it is intended to provide one spouse with the means to adjust to an independent life, but it is specifically intended to provide for the redevelopment or acquisition of education, skills, or credentials to help that spouse make a living.
• Durational: Durational alimony is awarded when permanent alimony is inappropriate, but is intended to provide economic assistance for a set period of time and is usually awarded following a marriage of short or moderate duration.
• Permanent: As the name suggests, permanent alimony will have to be paid indefinitely, or at least until the death of one of the spouses or the remarriage of the receiving spouse.

How Alimony is Determined

Florida courts will look at a variety of factors in determining both what type of alimony to award, the length it should be awarded, and how much the monthly payments will be. These factors will include whether adultery occurred, whether there is a need for alimony, as well as:

• The couple’s standard of living during the marriage
• The duration of the marriage
• The age and the physical and emotional condition of each party
• The financial resources of each party, including all income sources
• The earning capacities of each party
• The contribution of each party to the marriage
• The responsibilities each party will have with regard to any minor children they have in common

When you work with The Law Offices of Ira M. Marcus, P.A. in your alimony matter, we will do everything we can to assist you in obtaining the most favorable outcome in any alimony decision based on the above factors.