Alimony Laws -  Statutes for a Florida Divorce

(1)  In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

(2)  In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:

(a)  The standard of living established during the marriage.

(b)  The duration of the marriage.

(c)  The age and the physical and emotional condition of each party.

(d)  The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.

(e)  When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f)  The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g)  All sources of income available to either party.

The court may consider any other factor necessary to do equity and justice between the parties.  

What the Florida Statutes mean:

  The statutes spell out the factors a judge must consider for a determination of alimony.  Also, the judge's final order must show the judge considered each issue.  But the statute is deceptively simple.  There is no mention of how much weight a judge must give to each factor.  Further, the last line, "The court may consider any other factor ..." gives the judge a tremendous amount of leeway.

  Although the statute mentions adultery, if minor children are not directly and seriously affected by the adultery the judge will not want to hear about it.  Most judges feel that consenting adults can do most anything as long as there is no harm to the marital bank account or the couple's minor children.

The Bottom Line

   If your marriage was long term (longer than 12-14 years) the court may order alimony.  If your marriage was less than 5 years the court probably will not order alimony.  The goal of alimony is to maintain the marital standard of living for both parties.  A judge will weigh the need of the financially-disadvantaged party and the ability-to-pay of the financially advantaged party.

  Property is distributed before the court looks at alimony issues.  So if there is a very large amount of property, the "need" of the financially-disadvantaged party is usually non-existent.

   Unfortunately, there are no guidelines for alimony and one judge's order may be drastically different from another judge's order - given the same facts.  There is no legal disadvantage for men but in reality men usually have the superior financial position.   Therefore, men are the ones who normally pay alimony when ordered by the court.

There are three main types of alimony:

   Permanent periodic alimony - the tradition type that continues until death or remarriage.

   Rehabilitative alimony - also called "bridge the gap" - payments for a definite amount and a defined period of time.  The payments allow the spouse to return to school or make other life adjustments as necessary.

   Lump Sum alimony - not really a form of alimony but a way to distribute property.  If the spouse that has property (such as a business) does not have a pool of cash, the court allows regular payments for a defined period of time.  In rare situations, regular-support type alimony may be paid in one lump sum and referred to as lump-sum alimony in your final order.

Alimony is a serious issue that can affect the rest of your life.  The court granting alimony has the power to change the amount any time in the future.  If alimony is an issue in your divorce, as a payer or payee, prepare yourself with education or use a good attorney.

Divorce can be the single most important event in your life.  Make sure you gather lots of information so you can make informed decisions.  Many people can benefit from the advice of a good, honest, loyal divorce attorney.  The Divorce Center can provide a divorce attorney that can help you protect yourself.  A lawyer is not an expense in a divorce case - they are an investment. We help clients in Hernando County, Pasco County, Pinellas County, and Hillsborough County. Our service area includes Tampa, Clearwater, Largo, New Port Richey, Brooksville, Dade City, and the New Tampa area. CONTACT US NOW or call 888-469-3486