Understanding Alimony

Alimony is a common concern during divorce proceedings. One person may request payments from the other during or after the divorce, or the courts may require that the spouse who earns more help support the one earning less for a certain amount of time afterward. The court decides this by reviewing all the case facts, particularly the financial circumstances of both parties.

The judge considers who is in need and who has enough money to potentially provide the alimony. The spouse seeking assistance must be able to show that they do not have sufficient income or the ability to earn enough, including investments, or separate property on which to live. A spouse’s education and skills are also a factor since they affect a spouse’s ability to earn. If a spouse needs education in order to increase earning capacity, alimony may be provided in order to assist in living while getting that education.

The standard of living during the marriage may also be a factor. If a spouse became reliant upon another and accustomed to a certain standard of living, alimony may help the person adjust afterward. The amount of time the two were married, age, children, and much more are all considerations in alimony decisions.

Types of Alimony

States have their own laws regarding alimony. Most decisions can be modified to suit the individual circumstances, and again when circumstances change. Alimony may also be tax-deductible for the person paying, and the recipient may be taxed. In Florida, there are five sorts of possible alimony:

• Temporary: Temporary alimony is issued when one spouse needs financial support during the divorce proceedings.
• Rehabilitative: This is meant to help a spouse who does not have a way to earn income, or to earn sufficient income, and needs education or assistance finding a job. This is particularly relevant if he or she has previously been completely financially reliant on the other during the marriage.
• Bridge-the-Gap: These payments begin after the divorce. They are made over a shorter period of time—no more than two years—to help a spouse with housing and other essentials during the transition—the gap between marriage and a single life—to a new life after marriage.
• Durational: This type of alimony is awarded if others are not enough to support the recipient. The length of time may be longer than something like Bridge-the-Gap alimony, but may not exceed the length of the marriage. So, if the couple was married for ten years, the alimony may not be paid for longer than that.
• Permanent: If the court determines that one spouse will be in need of funds permanently, then a judge may order permanent alimony. However, there must be strong reasoning behind this decision.

Whatever the circumstances, divorce is never easy. You want the best possible help to get through the legal issues and on to your new life. If you are filing for divorce in Florida, our attorneys at Miller Law Associates have the experience and understanding you need. Contact us and let us aid you in your divorce so you can get on with your life sooner.