Did you know alimony is the area of family law that requires the most litigation? In short, alimony and spousal support are payments that are meant to alleviate the financial burdens of the dependent spouse following a divorce.
Let’s get into the details about the different types of alimony in Florida and what it means to you!
What is alimony?
Alimony is the payment for support and maintenance of a dependent spouse either on a consistent basis or a lump sum.
When we say “dependent spouse,” we’re referencing the spouse who makes less money than the other. Whether husband or wife, the dependent spouse is substantially dependent on the other for support. The spouse with the better financial situation will be the one who provides spousal support to the other. The length of time and amount paid is decided by the court.
The actual amount of alimony varies based on the situation and what’s deemed necessary by the court – taxable to the dependent spouse and is tax-deductible to the supporting spouse.
What are the types of alimony in Florida?
Small (nominal) amounts are paid on a permanent, periodic basis to the dependent spouse. Nominal alimony is ordered by the court to protect the rights of the dependent spouse when the supporting spouse’s ability to pay is either postponed or temporarily restricted.
In this case, the dependent spouse will receive alimony while he/she works to support themselves on their own. Rehabilitative alimony requires the dependent spouse to create a “retraining plan” that essentially outlines his/her plan to get back on their feet.
This type of alimony is awarded until either the dependent spouse remarries or the death of either spouse. It can always be tweaked and modified only if there’s proof of a considerable change in circumstances.
This type of alimony is awarded for a short, specific time frame to “bridge-the-gap” and help the dependent spouse while he/she transitions from married to single life. This type of alimony agreement doesn’t exceed two years and can’t be modified.
This is a newer type of alimony in Florida and it’s meant to provide the dependent spouse with economic assistance for a specific period after a marriage that didn’t last long. This alimony agreement can be terminated if either spouse dies or the dependent spouse remarries. It can also be adjusted based on a substantial change in circumstances that can be proven to the court.
This payment can be paid at once or in installments to the dependent spouse. Typically, this type of alimony is awarded if the paying spouse is in poor health.
Have any questions about what would work for you? Contact us today!
How does alimony and spousal support in Florida work?
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If you are looking for a Tampa family law attorney, look to Anton Garcia Law, a 2021 SuperLawyer “Best Attorney” award winner. Our office is located near beautiful downtown Tampa, where we proudly serve clients from around the state of Florida.