Alimony

Alimony is an issue which is often litigated. There is no objective way to assess it, but it comes up in many cases.  

Alimony is an issue which is often litigated. There is no objective way to assess it, but it comes up in many cases.  

Support is based on need and ability to pay. 

This is as vague as it sounds. However, it is the primary way to determine alimony. Florida law provides several different types of support. They include permanent, durational, and rehabilitative alimony. People can also request temporary support. This is paid while a case is pending. In all cases, courts look to see if someone needs financial help.   

There are several different factors courts consider in these cases. They include the length of the marriage, age and health, and financial resources. Courts also consider a person’s education and contributions during the marriage. The standard of living during the marriage, and help with children, are also important factors. There is no guideline on how long alimony should last. It is based on the specific facts of each case. 

You can also modify alimony.

Many modification cases involve supportive relationships. People who receive alimony often do not remarry. The statute now allows alimony to be reduced if someone doesn’t remarry, but acts like he or she is married.  Buying land together is one way to show someone is in a supportive relationship. Other ways include living together, having joint bank accounts, and helping each other out with kids or other matters. 

Another area of concern for people who pay alimony is retirement. There is good news if you pay alimony. Florida courts often find that retirement is a basis to reduce or end payments. One must also look at how old you are when you retire (age 65 is an accepted age).  Thus, if you are above the age of 65, courts will likely treat that as a basis to reduce or end alimony. Of course, courts also look at the needs of the former spouse who receives support. The amount of support received over time can be considered.  For more information, please see my other articles and videos for more information on this topic and other family law issues.