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Entitlement and Types of Alimony.
Entitlement to alimony depends on the length of the marriage. There are three categories of marriages, depending on how long you have been married. If you have been married for less than seven(7) years, you have a short term marriage. If you have been married for seven(7) to seventeen(17) years, you have a moderate term marriage. If you have been married for seventeen(17) years or longer, you have a long term marriage.
Types of Alimony
Temporary Alimony is support that is ordered to be paid during the pendency of the action of dissolution of marriage (i.e. the divorce process). It may be agreed to by the parties or ordered by the court.
Bridge-the-Gap Alimony is intended to provide assistance to a spouse during the gap between married and single life. This type of alimony cannot exceed two years. Bridge-the-gap alimony can terminate upon the death of a spouse and is not modifiable in amount or duration.
Rehabilitative Alimony is awarded when a spouse has a plan in place to rehabilitate themselves. It is typically used to obtain the skills and experience necessary to alleviate or limit a further need for support. Rehabilitative alimony provides support for a period when someone redevelops previous skills or credentials or acquires education, training, or work experience in order to obtain employment skills or credentials. Rehabilitative alimony requires a specific and defined plan. It may be terminated or modified in accordance with its terms or in the event of a substantial change of circumstances or non-compliance with the plan.
Durational Alimony provides support for a set period of time. Without a predetermined agreement, the period of time may not exceed the duration of the marriage (if the marriage lasted five years then the durational alimony will stop after five years). Durational alimony is provided following a short or moderate term marriage. It is provided for a long term marriage if there is no need for permanent support. Durational alimony terminates upon the death of a spouse and it is modified as to the amount. It is not, however, modifiable as to duration except during special circumstances or an agreement between the parties.
Permanent Alimony is to provide for the needs and necessities of life as they were established during the marriage for the party that lacks the financial ability to meet his/her needs following the dissolution of marriage. Permanent alimony may be awarded in the marriage of any duration, but it is most typically awarded in long term marriages. Permanent alimony may be awarded only when no other form of alimony is fair and reasonable given the each party’s circumstances. It is terminated upon the death of either party or the remarriage of the party receiving the alimony. It may be modified or terminated based upon a substantial change of circumstances or the existence of a supportive relationship.
Amount of Alimony
Once there has been a finding of entitlement, the amount of alimony will depend on the ability to pay and the person who receives the alimony’s need for the support. There are no guidelines as to the amount of alimony that will be paid. It is determined on a case-by-case basis based on the court’s determination of how much one party needs and another is able to provide.d has strict rules in regards to the parenting arrangements that all parties should be aware of prior to filing for divorce.
Call Orlando and Central Florida Lawyer, Mary Zogg at 321.209.1878 to discuss your Divorce and Family Law needs and goals.