How Does The Court Determine Alimony?
Posted by: Joshua Silverman
June 17, 2010
Topic: The Dreaded A Word- Alimony
There is no word more likely to bring contention and animosity to a divorce than Alimony. After issues relating to children, almost nothing can bring as much anger, animosity and argument to a divorce proceeding than one party seeking alimony from the other.
Inevitably, during one of our free initial consultations, a potential client will ask one or both of the following questions:
"Will I have to pay alimony?" and /or "Can I get alimony?"
Prior to a recent change in the law, the basic analysis for alimony, while simple (does one party have a need and does the other have the ability to pay), was not easy to apply. There were no clear guidelines on how long the marriage had to be to make one party eligible for alimony; how long the alimony would last, and how much alimony would be awarded.
Luckily, Florida divorce law will undergo a few changes beginning July 1, 2010, when a law governing alimony takes effect. Florida House Bill 907 clears up some ambiguities in Florida alimony law, and creates a number of standards to help determine appropriate of alimony awards. The new statute gives explicit standards for determining alimony awards. Additionally, while the current statute provides for only "rehabilitative" and "permanent" alimony, the new law adds "bridge the gap" and "durational" alimony.
Under the new law, courts will first determine whether alimony is appropriate, based on whether one party has a need for alimony, and the other party has the ability to pay it. This has always been the test for alimony. If the court determines alimony is appropriate, the next question is which type of alimony (or which combination of the various types) will best serve the needs of the receiving party.
According to the new law, "rehabilitative" alimony is designed to assist in "establishing the capacity for self-support" by helping a party either redevelop skills or acquire education or work experience. Rehabilitative alimony awards are contingent upon a specific plan for rehabilitation (e.g., finishing college). The other newly specified alimony is known as "bridge the gap" alimony, and is designed to help a party "make a transition from being married to being single." Such alimony is intended to aid with "identifiable short-term needs," and is statutorily limited to two years.
"Permanent" and "rehabilitative" alimony are provided for in the current statute, but the new statute outlines when each type is appropriate. For instance, "permanent alimony" may be awarded for marriages of "long duration," which are defined as marriages lasting longer than seventeen years. Marriages with a duration of between seven and seventeen years are designated "moderate-term" marriages, and those with durations of seven or fewer years are designated "short-term" marriages.
Permanent alimony is awarded for moderate-term marriages upon finding that, after weighing various factors, such awards are "appropriate." For short-term marriages, permanent alimony is awarded only upon the finding of "exceptional circumstances," which is left undefined in the law.
When permanent alimony is inappropriate, a court may award "durational alimony." Durational alimony is awarded primarily for marriages of short and medium durations, and is designed to provide "economic assistance for a set period of time."
Finally, the new law adds several factors to those a court uses when determining alimony. Among the new factors are "earning capacities, educational levels, vocational skills, and employability," the tax consequences to each party of an alimony award, and the "responsibilities each party will have with regard to any minor children they have in common."
As can be seen, the new law strives to give the courts some direction in awarding alimony, but the basic test is still the same. This is why it is vital to hire an experienced divorce attorney. At Silverman, Vorhis & Doan our attorneys stay on top of the changes in the law and use our experience to strive to obtain the best possible result. We provide comprehensive legal services while always representing our clients' interests. If you're considering divorce in Florida, please contact us or give us a call us at 352.240.1973 or toll-free at 1.866.663.4902 for a free consultation.
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