Florida courts have broad authority when determining if Alimony is warranted and in what amount alimony should be paid. Learn more about alimony in Florida in this presentation.

1. HOW IS ALIMONY DETERMINED
IN FLORIDA?
TINA L. LEWERT, ESQ.
Florida Courts Have Broad Authority When
Determining If Alimony Is Warranted
and in What Amount Alimony Should Be Paid

2. How is Alimony Determined in Florida? www.lewertlaw.com 2
Alimony, also known as spousal support or maintenance, is an element of the dissolution of marriage that must be considered and weighed by the courts. Florida courts have broad authority when determining if alimony is warranted and in what amount alimony should be paid. The purpose of alimony is to provide an economically dependent spouse with the financial support required to become self-sufficient. There are several types of alimony that a judge may grant depending on the circumstances and what needs the court is addressing in its alimony order.
Factors Used When Determining Alimony in Florida
Unlike child support, Florida does not have specific guidelines for how to determine alimony. The amount of alimony to be paid is at the judge’s discretion as is the type of alimony that will be paid. The judge may grant alimony to either the husband or the wife as courts may not base marital rights on gender. The court may consider a variety of factors when deciding the issue of alimony.
According to Florida Statute 61.08, the official factors that a judge may consider when deciding alimony are: The standard of living established during the marriage. The duration of the marriage.

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The age and the physical and emotional condition of each party. The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each. 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. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career building of the other party. The responsibilities each party will have with regard to any minor children they have in common. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment. All sources of income available to either party, including income available to either party through investments of any asset held by that party. Any other factor necessary to do equity and justice between the parties.
Some judges do not put as much weight on the standard of living (the first factor) as they do other factors because alimony is not intended to provide for luxury items but to provide financial support for the spouse to become self-sufficient. By contrast, the duration of the marriage is an important factor in that the longer the couple has been married the higher the chance the judge will award alimony especially if one spouse has not worked outside of the home.

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The last factor provides judges with a high level of discretion for awarding and determining alimony. Issues such as adultery and spousal abuse could factor into the judge’s decision under this factor for determining alimony.
Different Types of Alimony
There are four basic types of alimony that are awarded in Florida: bridge-the gap, rehabilitative, durational and permanent. Each type of alimony ends upon the death or remarriage of either spouse. According to Florida Statute 61.08, judges use the following criteria when determining the type of alimony that should be awarded.
Bridge-the-gap Alimony
Bridge-the-gap alimony is awarded to provide support to a spouse during the transition from being married to being single. It is designed to assist a party with legitimate and identifiable short-term needs. Bridge-the-gap alimony may not exceed two years and is not modifiable in amount or duration.
Rehabilitative Alimony
Rehabilitative alimony is awarded to assist a spouse in establishing becoming self- supporting through redeveloping previous skills or credentials or through acquiring additional education, training or work experience to develop the appropriate

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employment skills or credentials to obtain employment. For a judge to award rehabilitative alimony to a spouse, the spouse must have a specific and defined rehabilitative plan. The judge may modify or terminate rehabilitative alimony because of a substantial change in circumstances, noncompliance with the rehabilitative plan or upon completion of the rehabilitative plan. Durational Alimony
Durational alimony is awarded when permanent periodic alimony is inappropriate. Durational alimony provides economic assistance for a specific period andit is typically awarded to spouses who were married for a short or moderate period of time. It may also be used in the case of a marriage of long duration if there is no ongoing need for support on a permanent basis. While the amount of durational alimony is subject to modification or termination if there is a substantial change in circumstances, the length of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.
Permanent Alimony
Permanent alimony is not as common as it once was and is only awarded in cases where a party lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. When awarding permanent alimony, the court must

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rule that no other form of alimony is fair and reasonable under the circumstances of the parties. Permanent alimony may be modified or terminated if there is a substantial change in circumstances or evidence of the existence of a supportive relationship.
Learn More about Florida Alimony Law from an Experienced Boca Raton Alimony Attorney
Tina L. Lewert, Esq. has extensive experience in the area of alimony.Ms. Lewert is an experienced family law trial attorney who will help you understand your legal rights as well as the strengths and weaknesses of your case. Her extensive family law experience allows her to formulate a strategy that takes into consideration the details of your case to help you achieve the outcome you desire.
Ms. Lewert is Florida Board Certified Specialist in Marital and Family Law so you can trust that you will be receiving expert legal counsel as you contemplate your options regarding alimony. ContactLewert Law Offices today at 561-544-6861 to schedule an appointment.

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About the Author
Tina L. Lewert, Esq.
Tina L. Lewert, Esq. is a seasoned lawyer who works with clients to resolve all of their family law and divorce issues, including complex asset distribution, child custody and parenting issues, child support, alimony, and marital agreements, working diligently to obtain the best results possible. As a Board Certified Specialist in Marital & Family Law, Ms. Lewert is one of fewer than 6% of lawyers in Florida who has been designated by The Florida Bar as an “Expert” in her area of practice. Board Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in their field. Certified lawyers are the only lawyers permitted to identify or advertise themselves as “Experts,” “Specialists,” or “Florida Bar Board Certified.” Achieving such status involves meeting the rigorous standards set by The Florida Bar Board of Legal Specialization and Education, which is operated by the Supreme Court of Florida, and includes favorable confidential peer and judicial review, extensive continuing legal education, and substantial involvement and trial work in marital and family law cases sufficient to demonstrate special competence in the area of practice. Ms. Lewert is also a Supreme Court Certified Family Law Mediator.
Lewert Law Offices
The Plaza
5355 Town Center Road, Suite 203
Boca Raton, Florida 33486
Phone: 561-544-6861
Website: www.lewertlaw.com