December 30, 2022
Spousal support, also known as alimony, is a court-ordered payment made from one former spouse to the other upon the dissolution of a marriage. In Florida, the court can award alimony to either spouse upon divorce or legal separation. Here are some things you should know about spousal support in Florida.
The Court Considers Several Factors
The court considers several factors when deciding whether to award alimony and the amount of alimony to be paid. These factors include the length of the marriage, the ages of the spouses, the financial needs of each spouse, and the standard of living the couple enjoyed during the marriage.
The court also takes into account the ability of each spouse to pay spousal support. For example, if one spouse has more financial resources than the other, the court may award a larger amount of spousal support to the spouse with fewer resources.
Similarly, if the spouse with more resources is able to pay more, the court may award a larger amount of support.
There Are Different Types of Alimony
The different types of alimony that can be awarded in Florida include bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony.
Bridge-The-Gap Alimony
Bridge-the-gap alimony is meant to help the receiving spouse bridge the gap between the end of the marriage and the beginning of a new life and is not intended to be a long-term form of support. It is meant to cover the costs of things like relocation, job training, or other expenses related to becoming financially independent.
As such, it is typically not renewable and is not modifiable, meaning the amount and duration of the alimony cannot be changed, even if the receiving spouse’s financial situation changes.
Rehabilitative Alimony
Rehabilitative alimony is often used in cases where the receiving spouse is at a significant disadvantage in the job market, such as due to a lack of education or job experience. By providing the receiving spouse with financial support, they are able to focus on improving their skills and increasing their earning potential.
This type of alimony is also useful in cases where one spouse has been out of the workforce for an extended period of time, such as due to child care or caring for an elderly relative.
Durational Alimony
Durational alimony is a specific type of alimony that is designed to provide financial assistance for a set time rather than for an indefinite period of time.
The amount of alimony is usually based on the length of the marriage, the income of both parties, and the lifestyle that was established during the marriage. The duration of alimony is usually determined by the court but can be extended if necessary.
Permanent Alimony
Permanent alimony is a form of financial support intended to help a spouse maintain the same quality of life they enjoyed during the marriage. It is typically awarded when the receiving spouse is unable to become self-supporting and is paid until either the receiving spouse remarries or either spouse dies.
The Alimony Can Be Modified or Terminated
The alimony can be modified or terminated if there is a substantial change in circumstances. For example, if the receiving spouse remarries or the paying spouse loses their job, the alimony order may be modified or terminated.
The Alimony Is Considered Taxable Income
The alimony is considered taxable income to the receiving spouse, meaning that they are required to report it on their taxes and may be required to pay taxes on it. This is important to keep in mind when determining the amount of alimony to be paid or received.
Conclusion
It is important to understand the basics of spousal support in the state of Florida. Spousal support is intended to help an individual transition to a lifestyle that is more financially stable and independent. When making the decision to pursue alimony, the court considers several factors
When deciding on the amount and duration of spousal support, the court also takes into account the lifestyle of the parties during the marriage, the contributions of each spouse to the marriage, and whether there is any need for rehabilitation.
It is also important to remember that spousal support can be modified or terminated if the circumstances of either spouse change significantly. In any case, it is strongly advised to seek qualified legal assistance to ensure that the rights of both parties are protected.
Whether you are the one initiating the divorce or you are on the receiving end of it, it can be difficult to know where to turn for help. If you are looking for an experienced attorney in Jacksonville, Florida, to help you through your divorce, Dorsey Law JAX is here to help. Our team of experienced attorneys is dedicated to providing you with the best legal representation possible. Contact us today to get started!