Types of Alimony
When married couples divorce, alimony (or support payments to the spouse) are mandated by family and divorce courts. At the Law Office of Silverman, Mack & Associates, our experienced divorce lawyers can help you understand everything there is to know about alimony in Florida, the varying types and eligibility requirements.
Alimony Attorneys: Types of Florida Alimony
Alimony is a form of regular payments to a former spouse that is mandated by divorce courts to help spouses transition into society as a newly single person. Courts usually require the spouse with the higher income/assets to make alimony payments to the spouse who makes the lesser amount to assist with the transitioning after-effects of divorce. However, many factors are taken into account when determining alimony. For example, divorce courts may consider:
- The income and expenditures of both members before and during the marriage
- All sources of income
- The ability of the spouse to pay
- Contributions of both spouses to the marriage, including children and general support of businesses and educational expenses
- The duration of the marriage
- The vocational skills and talents of each spouse
- The ability of each spouse to return to the workforce and be successful
In essence, divorce courts mandate alimony to assist with supporting a spouse after a divorce. If, for example, a spouse is unable to maintain the quality of life that he/she had before the divorce, then alimony may be required. To understand more about alimony and/or spousal support, you should contact an experienced divorce attorney.
There are many different types of alimony/spousal support in the state of Florida. The type of alimony that is mandated by the court is usually dependent on the circumstances of the marriage, the terms of the divorce and the factors listed above.
Modifiable vs. Non-Modifiable Alimony
Family and divorce courts have the authority to assign alimony that is either modifiable or nonmodifiable. When alimony is modifiable, it can be adjusted and updated throughout the years, depending on the receiving spouse’s needs and the paying spouse’s change of income. Courts must approve changes in alimony payments. Meanwhile, mandated alimony that is nonmodifiable refer to payments that cannot be adapted. In other words, the amount of funds disbursed and the time span for such disbursement is considered binding and permanent. Nothing can be done to alter the contract. Thus, it is best to have a divorce lawyer in Gainesville, FL, to help you understand your rights as a paying and/or receiving spouse, as well as the terms and agreements that are required of both spouses upon entering alimony arrangements.
Bridge-the-Gap alimony is a type of spousal payment that is made temporarily to help a spouse get back on his/her feet. Lasting usually no more than two years, Bridge-the-Gap alimony helps spouses to do just that: bridge the gap. For example, spouses who are selling their house may receive money to cover the cost of renting fees. Or, if spouses are receiving training and/or rehabilitation services to return to the workforce, alimony can be mandated to assist with the spouse’s basic needs and expenses. Once the spouse demonstrates ability to provide for himself/herself, the payments typically cease.
- This type of alimony cannot be modified.
Durational alimony is directly correlated to the duration of the marriage before spouses enter a divorce. Usually, durational alimony is mandated to spouses who may not qualify for other forms of alimony. Durational alimony is assigned for the exact amount of years of the marriage. Therefore, if a marriage continued for five years, a spouse may be ineligible to receive alimony payments for more than 5 years.
Permanent alimony refers to alimony that is made to a spouse for the full duration of his/her life. Permanent alimony is typically mandated to spouses who have young children, are unable to enter the workforce and/or experienced cruel and unusual circumstances during the scope of the marriage.
Rehabilitative alimony is strictly for spouses who are receiving training and/or other educational purposes. In order to be eligible for rehabilitative alimony, spouses must submit detailed accounts of how the money will be spent and the time needed for the training.
Temporary alimony is a form of alimony that requires the least amount of time. Known as “pendente lite,” temporary alimony provides financial support to the spouse while the divorce is pending. Once the terms and conditions of the divorce is finalized, such payments cease.
Modification of Alimony
As is in the case with all legal contracts, the stipulations of modifying alimony should be outlined in the agreement. The document should indicate how alimony will be adjusted, including the time and the amount of funds disbursed. Typically, modification of alimony requires a substantial change in financial circumstances of either spouse. A change in alimony may also be granted of a spouse who is on rehabilitative alimony fails to adhere to the policies.
Termination of Alimony
Significant changes in income (and/or expenses), death, failure to comply with divorce and/or rehabilitative terms, and/or new marriages may have an effect on alimony. Such factors can influence a court to terminate the alimony.
For more information on the types of alimony in the state of Florida, you should contact an experienced family law attorney.
Divorce Lawyers in Gainesville, FL
Divorce lawyers are extremely beneficial during divorces. Not only can they help spouses understand large percentages and complex legalise, but they can provide general support and guidance on the divorce process. Many times, alimony is not granted to spouses because there may not be sufficient evidence that suggests that such form of spousal support is needed. Other times, spouses may be unfairly mandated to pay a significant amount of money to their former spouse. Whether you are the paying or the receiving spouse, experienced divorce lawyers at the Law Office of Silverman, Mack & Associates
can help you understand alimony. Our family law firm strives to do what’s best for every Florida family.
Contact us today for a free initial consultation.