Alimony

Alimony §61.08, Fla. Stat. Part 3 of  9 |  Divorce Attorney Fort Myers/Cape Coral

In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. 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.

Below please find some general information regarding Alimony and how it is awarded.

C. Type, Purpose, Duration and Termination (court findings required)

1. Bridge-the-Gap1.  transition from married to single (legitimate identifiable short-term needs)
   2.length of award may not exceed two years
   3.When Awarded: short-term, moderate-term, long-term
   4. Automatic Termination: terminates upon the death of either party or upon the remarriage of the party receiving alimony
   5. When Modified or Terminated: non-modifiable in amount or duration

2. Rehabilitative

1. awarded to assist a party in establishing the capacity for self-support through either:
2. redevelopment of previous skills or credentials or acquisition of education, training, or work experience to develop employment skills or credentials; or
3. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.
4. must be included as part of order: specific and defined rehabilitative plan (i.e. retraining plan, objective of rehabilitation, cost of plan, period necessary to complete, is plan workable to make self‑supporting).
5. When Awarded: short-term, moderate-term, long-term
6. When Modified or Terminated: in accordance with § 61.14 based upon a substantial change in circumstances, upon non-compliance with the plan, or upon completion of the plan (may survive remarriage?)

3. Durational

1. Provides a party with economic assistance for a set period of time
2. following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis.
3. length of award non-modifiable except under exceptional circumstances and may not exceed the length of the marriage
4. When Awarded: when permanent periodic alimony is inappropriate
5. Automatic Termination: terminates upon the death of either party or upon the remarriage of the party receiving alimony
6. When Modified or Terminated: amount modified or terminated upon substantial change in circumstances in accordance with § 61.14.

4. Permanent

1. provide for the needs and necessities of life as they were established during the marriage for a party who lacks the ability to meet his or her needs and necessities of life following the dissolution of marriage (standard of living matter anymore?)
2. the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties.
3. When Awarded: Long-Term if such an award is appropriate upon consideration of the factors,

Moderate-Term based upon clear and convincing evidence after consideration of the factors, or

Short-Term if there are written findings of exceptional circumstances.

1. Automatic Termination: terminates upon the death of either party or upon the remarriage of the party receiving alimony
2. When Modified or Terminated: in accordance with § 61.14 modified or terminated based upon

1. a substantial change in circumstances, or
2. the existence of a supportive relationship.

For more information, please contact us to schedule your consultation.

At the Guardian Law Firm, we believe in the sanctity of marriage. It is our goal to provide you with as many resources to help salvage your marriage. If all else fails, we are here to help you facilitate the divorce process to establish long-term stability that minimizes the need for subsequent court action as well as the emotional drain on the parties and families.

We strive to provide the best client service possible in a warm and welcoming environment. To that end, we place a high priority on detail, value, service, and communication, beginning with the initial consultation, and continuing even after the matter is resolved.

We are committed to providing the kind of service and environment that we all want as consumers.

With representation and the right attorneys in their corner, our clients will return to being the productive citizens and family members they have been and wanted to be again.

We truly are here to serve the one.