Putting Your Needs First in Alimony Proceedings

Proven and Battle-Tested Alimony Lawyer

There are a number of factors courts consider in determining if alimony is appropriate. The amount of alimony awarded is also dependent on things that are unique to your situation. At the Law Offices of Mark Abzug, P.A., in Coral Springs, Florida, our attorneys have represented the best interests of both husbands and wives in this challenging and sometimes contentious area of divorce law.

Alimony is governed by F.S.§ 61.08. The statute was amended in 2023 to eliminate the possibility of permanent alimony. Florida courts are now limited to temporary, bridge-the-gap, rehabilitative, or durational alimony awards. The court may grant alimony to either party, as is equitable under the circumstances of the parties involved. In any award of alimony, the court may order periodic payments or payments in a lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.

Before any support, maintenance, or alimony is awarded, the court must determine that the party seeking it has an actual need for it and whether the other party has the ability to pay it. The party seeking support, maintenance, or alimony has the burden of proving his or her need for it and the other party’s ability to pay it.

To find out more about our family law practice, including divorce and child custody matters, call 954-753-1003 or contact us online. We offer free initial consultations and flexible hours.

Relevant Factors in Determining a Proper Award of Alimony or Maintenance

• The length of the marriage
• The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment
• The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent
• The resources and income of each party, including the income generated from both nonmarital and marital assets
• The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award
• 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 whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability
• Any other factor necessary for equity and justice between the parties

Types of Alimony or Spousal Maintenance

All awards of alimony under Florida law are temporary. The type of alimony selected depends, in part, on the length of the marriage. There is a rebuttable presumption that marriages under 10 years in length should be classified as short-term. Marriages lasting between 10 and 20 years are moderate-term. Finally, marriages lasting more than 20 years are presumed to be long-term. Which type of marriage you had will play in role in deciding which of the following types of alimony may be appropriate:

• Bridge-the-gap alimony: Alimony that is designed and intended to help a person in making the transition from being married to being single. This type of alimony can last, at most, two years. It is intended to cover legitimate, identifiable short-term needs.
• Rehabilitative alimony: This form of alimony is meant to help someone establish the capacity to self-support. This can be done by redeveloping previous skills or credentials, or acquiring education, training, or work experience to develop new employment skills or credentials. This form of alimony can last up to five years. It is dependent on the formation of a specific and defined rehabilitative plan. As such, the award can be modified or terminated for noncompliance with the plan, or for early completion of the plan.
• Durational alimony: Durational alimony is meant to provide a person with economic assistance for a set amount of time. It can only be used for marriages lasting three years or longer. There is a formula for deciding the duration of this type of alimony that takes into account the length of the marriage. While there are exceptions, in general, the duration will be capped at a maximum of 50% of the length of a short-term marriage, 60% of the length of a moderate-term marriage, or 75% of the length of a long-term marriage. The amount of the award is set to the obligee’s reasonable need, or an amount no greater than 35% of the difference between the parties’ net incomes, whichever is less.

Dedicated Alimony Services From an Experienced Family Law Attorney

At the Law Offices of Mark Abzug, P.A., we will put our resources to work protecting your interests regarding an award of alimony. If you have any questions or wish to set up an appointment, please contact us online or call 954-753-1003 today to schedule a FREE initial consultation.