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UNDERSTANDING
SPOUSAL SUPPORT
IN FLORIDA
What Is Spousal Support?
Concept is similar to child support
Divorce often creates
financial inequality
One spouse often gives up
a career to stay home with children
and take care of the home
The stay at home spouse
is at a significant financial
disadvantage post-divorce
Re-entering the workforce
can be difficult
Spousal support
is intended to eliminate or
decrease financial inequality
Is Spousal Support Always
Ordered?
Spousal support is not always
ordered
Factors the court may consider
when determining if spousal
support is warranted include:
The standard of living established during
the marriage
The duration of the marriage
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
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, child care, 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
What Type of Spousal Support
Can Be Awarded?
In the State of Florida, spousal
support comes in more than one
form
The types of alimony available
include:
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.
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.
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.
Permanent – permanent alimony, as the name
implies, is paid until the payee remarries or dies.
Can a Spousal Support Order Be
Modified or Terminated?
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
Remarriage will terminate alimony
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
The court will consider whether
there is a “supportive relationship”
including such factors as:
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
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
LEARN MORE ABOUT SPOUSAL
SUPPORT IN FLORIDA
Please contact our office
at (561) 750-1800 and schedule
an appointment with one
of our attorneys
We assist clients throughout
Broward and Palm Beach Counties
Click to visit www.BeinerLaw.
com
Or call us (561) 750-1800

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Understanding Spousal Support in Florida

  • 2. What Is Spousal Support?
  • 3. Concept is similar to child support
  • 5. One spouse often gives up a career to stay home with children and take care of the home
  • 6. The stay at home spouse is at a significant financial disadvantage post-divorce
  • 8. Spousal support is intended to eliminate or decrease financial inequality
  • 9. Is Spousal Support Always Ordered?
  • 10. Spousal support is not always ordered
  • 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
  • 16. The responsibilities each party will have with regard to any minor children they have in common
  • 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
  • 19. What Type of Spousal Support Can Be Awarded?
  • 20. In the State of Florida, spousal support comes in more than one form
  • 21. The types of alimony available include:
  • 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
  • 33. LEARN MORE ABOUT SPOUSAL SUPPORT IN FLORIDA
  • 34. Please contact our office at (561) 750-1800 and schedule an appointment with one of our attorneys
  • 35. We assist clients throughout Broward and Palm Beach Counties
  • 36. Click to visit www.BeinerLaw. com Or call us (561) 750-1800