Whenever someone talks about a potential impending divorce, the discussion often turns to money- specifically, what one spouse will have to pay or what the receiving spouse will receive as spousal support – often called alimony.
Alimony can be somewhat scary because it is not definite; there is no exact formula to tell potential divorcing spouses how much they can expect to receive, and although there are time frames for the duration of the marriage that suggest whether or not parties can expect alimony, there is nothing that says that a court absolutely has to award alimony to any spouse.
Also, remember that despite what we hear in popular culture, nothing in Florida law says that a man pays and a woman receives alimony; the law does not look at gender when awarding alimony. Alimony is strictly a financial decision made by a court.
What Factors are Considered?
While neither party can expect to live the exact same lifestyle financially divorced as they did married, courts will not allow one spouse to walk away with plenty of money and live the same lifestyle as they did during the marriage while the other spouse lives in poverty and hardship post-divorce.
Not every marriage ends in an alimony award. Aside from the duration of the marriage, which is considered by a court in awarding alimony, there must be both a need and an ability to pay alimony.
Courts often look to the standard of living that the couple enjoyed during the marriage to see if alimony should be awarded. In many marriages where both parties make a moderate income and have lived a moderate lifestyle and where both have the ability to work, there may be no alimony award at all.
Courts will also look at the contributions to the marriage that each spouse made, including any sacrifices that the spouses made for the success of the marriage. For example, a spouse who, during the marriage, stayed home to raise the children or who worked for no pay at the family business to help it gain and obtain success would be a candidate for alimony in a divorce.
Types of Alimony
There are a number of different types of alimony that can be awarded. Since Florida recently outlawed permanent alimony, although alimony can be long-term, it cannot be permanent.
Temporary alimony – This is alimony that is paid while the divorce case is going on. It is temporary because it may be terminated, modified, or eliminated once the final judgment of dissolution of marriage is entered. This is usually used in cases where it looks like there are a lot of issues to be resolved and, thus, where it looks like the divorce case could drag on for some time.
Bridge the Gap – Many courts will offer what is known as bridge-the-gap alimony. This is a type of alimony that is, as the name implies, intended to help someone transition from married to divorced life and to help them rebuild their lives.
The time frame is usually shorter—often about two years—and it can be used to help a spouse while he or she finds a job, or help them rent a new apartment, or help them get their own car—whatever the recipient spouse needs to “get back on their feet,” and build a new life, post-divorce.
Rehabilitative alimony – This is like bridge the gap, but has the purpose of helping a spouse get job retraining or helping a spouse get him or herself back into the job force. This is mostly for spouses who actually have a chance of getting back into the workforce.
There is no time frame for rehabilitative alimony. A spouse who, for example, needs to balance caring for a small child with going back to school may need rehabilitative alimony for longer than a childless person who can go to school or get job training, full-time, may need.
Durational alimony – Sometimes, there is no goal—for example, there is no rehabilitation involved in an alimony award. This is often called durational alimony. It is only awarded for a duration of time but not for any specific purpose. Durational alimony cannot be paid for more time than the marriage actually lasted.
Lump Sum – Many people talk about lump sum alimony. Lump sum alimony is, just as the name implies, alimony paid all at once instead of over time, the way other forms of alimony are paid.
Lump sum alimony can also be used when courts feel that it is best for the parties to get a clean break from each other (for example, if there is a history of domestic violence involved). It may also be used if a lump sum is necessary to help the recipient spouse in some specific way—for example, if the recipient spouse wants to start a business or buy a home.
Negotiating Alimony
Often, assets can be exchanged for alimony instead of being paid alimony.
For example, if a husband has two extra vehicles, and each is worth $70,000, the husband may give the vehicles to the wife to satisfy an alimony award that would, if paid over time, amount to $140,000.
Alternatively, a party may accept more marital debt than he or she normally would have to burden to satisfy an alimony award. If there is $100,000 in marital credit card debt, and each spouse should bear half of that amount, a spouse may opt to bear 100% of the debt and not pay the other spouse $50,000 of alimony.
Note that these kinds of alternative arrangements are not usually possible in court—a judge often will not work these kinds of arrangements out. These more flexible solutions often are only possible in mediation or other alternative dispute resolutions to divorce.
The End of Alimony
Aside from ending because the time frame for the alimony as ordered by the court or as agreed to by the parties expires, alimony can also end when a party is involved in a supportive relationship with someone else.
The recipient spouse doesn’t have to actually remarry (although remarriage will terminate alimony). So long as one spouse is being financially supported in some meaningful way by someone new, the paying spouse can ask to terminate the alimony obligation.
What can you expect in alimony in your divorce?
Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124,
Winter Park, FL 32792 and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.
You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.
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