Spousal support, also known as alimony, is intended to eliminate or decrease financial inequality that often results from divorce. It is not automatically ordered but may be awarded based on factors like standard of living during marriage, length of marriage, age and health of parties, financial resources and earning capacities. There are multiple types of spousal support in Florida, including bridge-the-gap, rehabilitative, durational and permanent alimony. A spousal support order can be modified or terminated if there is a significant change in circumstances, such as remarriage or the existence of a supportive relationship with a new partner.
11. Factors the court may consider
when determining if spousal
support is warranted include:
12. The standard of living established during
the marriage
The duration of the marriage
13. The age and the physical and emotional condition
of each party
The financial resources of each party, including the
non-marital and the marital assets and liabilities
distributed to each
14. 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
15. The contribution of each party to the marriage,
including, but not limited to, services rendered in
homemaking, child care, education, and career
building of the other party
17. 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
18. 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
22. Bridge-the-gap — intended to help a party make
the transition from being married to being single.
Used for things like purchasing a vehicle or costs
associated with moving. Bridge-the-gap alimony
cannot exceed two years.
23. Rehabilitative – paid for a short period of time,
rehabilitative alimony is intended to be used to for
education or to upgrade skills for a party who has not
been in the workforce for some time but who can
acquire or sharpen skills needed to become
self-sufficient.
24. Durational — this type of spousal support is not
for a specific purpose; however, it is only paid for a
specific period of time and is usually paid monthly or
semi-monthly.
25. Permanent – permanent alimony, as the name
implies, is paid until the payee remarries or dies.
26. Can a Spousal Support Order Be
Modified or Terminated?
27. A court can modify, or even
terminate, alimony; however, there
must be a significant change in
circumstances that has occurred
since the original support order
29. If the payee isn’t legally
re-married but is in a long-term
relationship and/or living with a
new partner, the Court can modify
or terminate alimony
30. The court will consider whether
there is a “supportive relationship”
including such factors as:
31. Whether the couple holds themselves out as husband
and wife even though not legally married
Whether the same mailing address is used by the
payee on the new partner
How long the payee has lived with the new partner
32. How much support the payee gets from the new
partner
Whether the payee and the new partner have
purchased property together
Whether the payee uses the same last name as the
new partner