Alimony and Spousal Support:
Alimony and Spousal Support are one and the same. They are a device by which
a Court may require one spouse to pay support payments for the benefit of the other. During a divorce, if one
spouse is financially advantaged and has the ability to pay the financially disadvantaged spouse, the Court may
award alimony. In Florida, if the Court does award alimony there are five different forms to choose
from. These five types are of alimony in Florida are:
Temporary Alimony:
This is alimony awarded to a spouse while the divorce proceeding is pending.
These awards are not final but can help a financially disadvantaged spouse get through the divorce
process.
Lump-Sum Alimony:
This is exactly what it sounds like, an alimony award given to the financially
disadvantaged spouse all at once instead of through interim installment payments.
Rehabilitative Alimony:
These awards are payments made to the financially disadvantaged spouse for the
purpose of allowing the former spouse to establish the capacity of self-support.
Permanent Alimony:
These awards are support payments that can extend for the life of the financially
disadvantaged spouse. They are meant to provide the needs and necessities of life to the former spouse as
they have been established by the marriage.
Nominal Alimony:
This may be awarded when the Court recognizes a need for alimony but due to the
financial circumstances of the parties one cannot be awarded at the time of the divorce. In these cases the
Court will set the amount at a later date when the financial conditions of the parties change.
Alimony Differs from case to case:
Whether alimony applies to your case, what type of alimony, and how much depends
on a large number of determining factors, some of which are:
- The standard of living established during the marriage;
- The duration of the marriage. (The longer the marriage the more likely
alimony will apply);
- The age of the parties as well as the physical and emotional condition of
both;
- The financial resources of each party, the nonmarital and marital assets and
liabilities distributed to each;
- The time necessary for either party to acquire sufficient education or
training to enable such party to find appropriate employment;
- The contribution of each party to the marriage. Some examples include
services rendered in homemaking, child care, education, and career building of the other party;
and/or
- All sources of income available to either party.
At the Switlyk Law Firm, our divorce and family law attorneys are proficient at
using Florida’s alimony laws to provide the best possible outcome for your individual case. Call us for a
personalized legal analysis of your unique situation.
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