Once a spouse makes a decision to dissolve their marriage, the financial affairs become a primary concern.Alimony comes to mind quickly for both the potential payor and the potential recipient.

Some questions that arise include:

- Who is entitled to alimony?

-How much will be paid and for how long?

-Who decides and what information is considered?

Any consideration of alimony begins with an analysis of “need” and “ability to pay.” It is of the utmost importance for the client to accurately and timely provide the necessary documents and information we need to provide counsel to them in this area. Nobody receives an award of alimony unless there is a demonstrated need, no matter the income of the other party. Similarly, there is often a need on the part of one spouse for additional income to cover their monthly expenses, but the other spouse has no ability to pay. It is necessary for both elements to be present before an award is made. Moreover, it isn't the parties who determine the "need" or "ability to pay," but the law that defines the crucial elements of need, income, ability, duration, etc.

The application of alimony law begins with Florida Statutes. The facts of each case are applied to the following economic factors:

Standard of living established during the marriage.
Duration of the marriage.
Age and the physical/emotional condition of each party.
Financial resources of each party, including the non-marital assets,  marital assets and liabilities of each.
Time necessary for a spouse to acquire new education or training to enable them to find employment.
Contribution of each party to the marriage, such as: services rendered in homemaking, child care, education, and career building of the other party.
Sources of income available to each party.
Any other factors necessary to do "equity and justice" between the parties.

Florida case law is then applied to  further define each of the factors. (I.e., How the courts have previously ruled on a specific set of facts and circumstances.) For instance:

Duration of the marriage. There is no clear-cut rule as to how long a marriage must have lasted before a court will award alimony. However, there is a legal “presumption” in favor of permanent alimony following a long-term marriage. Long-term is not exactly defined, but is typically determined to be, in excess of fifteen years. This factor alone is not conclusive, and a long-term marriage does not ensure permanent alimony or any alimony at all. The court still considers the economic factors as a whole.
Income available to the parties. The law does not specify the parties' "actual income." Income can be imputed, or attributed to a spouse based on prior earnings, potential earning, continuous gifts from third parties or family members, or a variety of sources. Income imputation plays a large role in the one spouse's need and other spouse's ability to pay analyses.

The five different types of alimony include: (1) Permanent periodic, including Nominal; (2) Rehabilitative; (3) Bridge-the-Gap; (4) Lump sum; and (5) Temporary. The court can award one of these types of alimony or any combination of all of them. Each type of alimony has a general purpose, most easily distinguished by time/duration;

Permanent periodic. Usually awarded as continuous monthly payments until the death of one of the parties or remarriage of the receiving spouse. ("Nominal alimony" may be awarded when there is a demonstrated need and usual income disparity, but no current ability to pay by the spouse with the normally higher income. Essentially, the award is made with the knowledge that the amount will be modified by the court in the future.)
Rehabilitative. This type of alimony can be awarded when the recipient spouse provides the court with a rehabilitative plan. The purpose of rehabilitative alimony is to elevate the earning potential of the recipient spouse to one of self-sufficiency in order to eliminate any need for long-term support. Rehabilitative plans typically focus on education or job training for the recipient spouse and are limited in time and funding, though potentially modifiable.
Bridge-the-Gap. Appropriately names, this type of alimony is used to aid in the transition from married life to single life and is meant to provide relief to the recipient spouse for short-term financial pressures. This type of alimony is found in short-term marriages and is limited in duration accordingly.
Lump sum. An award of lump sum alimony is made when a court finds it is necessary for support, or for use as an equalizing payment, and the circumstances require that the support be non-modifiable. Lump sum alimony is typically found in the awarding of the marital residence to one party.
Temporary. Alimony awarded during the pendency of litigation. The court can award temporary alimony after the initial petition for dissolution is filed. The court's finding is based on the parties’ accustomed standard of living and the other spouse's current ability to pay. Temporary alimony may be deemed appropriate by the court even in cases where alimony is denied in the final judgment.

Frequently Asked Questions

Q: I was ordered to pay alimony after my divorce several years ago and I recently lost my job. Can I quit paying?

A: An unexpected event such as the loss of your job can be devastating. We, and the court, understand that these things are happening more and more. While ultimately you may be entitled to relief from your obligation, do not use self-help methods. A Petition for Modification must be filed with the court. Relief may be granted retroactively to the time of legally seeking relief, but the obligation continues until a court order is entered.

Q: My ex-Wife has been living with her new boyfriend for two years and told our kids that she won’t get married because then I won’t have to pay her any more alimony. A friend of mine told me that I don’t have to keep paying because she is cohabiting. Is that true?

A: Cohabitation is a consideration for modification of alimony in some circumstances, but not all. Any time that a party seeks to modify a prior agreement, that agreement must be thoroughly reviewed first. It may very well be that the original alimony award was non-modifiable, meaning exactly that. Further, while there is a statutory law that provides relief where warranted in cases of cohabitation, it is the burden of the paying spouse to prove by a preponderance of the evidence that the recipient spouse is in a legally supportive relationship. Just as in the determination of the original alimony award, several factors must be considered, and the facts of each case uniquely applied.​

Q: My spouse had an affair during our twenty-seven year marriage so I don’t have to pay any alimony at all, right?

A: Under Florida law, a court may consider adultery of a spouse when determining an alimony award. However, this does not preclude alimony. The court can consider the circumstances surrounding extra-marital affairs, and especially the dissipation of marital assets that likely occurred because of the relationship. In all cases involving alimony, the specific facts of the case will be considered alongside the statute and the need/ ability to pay analysis.​

Q: My fiancé and I agree that neither of us will not seek alimony if we divorce. Will a prenuptial agreement protect this agreement?

A: Prenuptial agreements can be effectively used to accomplish an agreement to forego alimony. However, there are specific requirements that must be met to make prenuptial agreements contractually valid (e.g., disclosure) so the best course of action is to have a qualified attorney draft the agreement for you. Never rely on a pre-printed form for such an important matter with potentially drastic consequences.