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Do You Know the Six Types of Alimony in Florida?

Do You Know the Six Types of Alimony in Florida?
Author: rich smukler

Many couples believe that alimony is simply a payment made by one spouse to another. In fact, there are typically six types of alimony/spousal support in Florida.  However, a couple can create an alimony arrangement during their pre-suit pro-se divorce mediation that does not fit any of these specifics. One of the important factors in mediation is the ability to tailor a plan that works best for you as opposed to having a judge force you into a pre-determined slot without your ability to provide input. Here are the six most common arrangements:

Section 61.08 of the Florida Statutes (a) allows for an award of more than one type of alimony; (b) classifies short-term (up to 7 years), moderate-term (7 to 17 years), and long-term marriages (over 17 years), and (c) describes the factors a judge should consider in awarding alimony. These factors include:

(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, including the non-marital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, 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 services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award.

(i) All sources of income available to either party, including income available to either party through investments.

(j) Any other factor necessary to do equity and justice between the parties.

Once alimony has been ordered, it may (or may not) be modifiable later on. When discussing alimony, divorcing couples should discuss whether or not this alimony will be modifiable as to the duration (length of time) and/or as to the amount, and what circumstances would warrant a modification.

Feel free to Contact Rich Smukler with any questions (or) to schedule a complimentary zoom or telephonic meeting.

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