Alimony §61.08, Fla. Stat. Part 6 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.
F. Retroactive Alimony/Arrearages
• From date of filing, not date of separation. Vitro v. Vitro, 122 So.3d 382 (Fla. 4th DCA 2012).
• A temporary award that virtually exhausts one party’s income and deprives that party of the ability to support himself is not based on that party’s ability to pay and constitutes an abuse of discretion. Hoffman v. Hoffman, 127 So.3d 863 (Fla. 2d DCA 2013).
• a spouse should not necessarily have to consume a separate asset to support herself during the pendency of a dissolution proceeding in order to maintain the standard of living enjoyed by the parties during the marriage. -Featherston v. Featherston, 86 So.3d 549 (Fla. 2d DCA 2012).
For more information, please contact us to schedule your consultation.
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