What is Alimony?
At its core, alimony is money paid by one divorced spouse to the other to help with living expenses and maintain a reasonable standard of living.
The purpose of alimony laws in Florida is to avoid an unfair economic situation where one spouse struggles financially.
Courts can order one spouse to pay alimony to the other in certain circumstances.
Who Pays Alimony?
Either the husband or the wife may pay alimony, depending on factors like income, earning potential, and childcare responsibilities.
The spouse with a higher income and more ability to pay is the one more likely to be ordered to pay alimony.
How much is paid?
The amount of alimony is determined by factors like the length of the marriage, the age and health of each spouse, and the current income.
There are different formulas courts use to calculate alimony, but the goal is to arrive at a fair payment.
For How Long?
Alimony isn't always permanent.
Many modern alimony orders have defined termination dates, such as when the recipient spouse remarries or cohabits with a new partner.
Alimony may also end when the paying spouse retires. Payments may be modified over time as circumstances change.
Different Types of Alimony
There are different categories of alimony:
Temporary alimony provides support during divorce proceedings
Rehabilitative alimony aims to cover expenses while the receiving spouse gets education or training to reenter the workforce
Permanent alimony continues for the recipient's lifetime in certain situations
Can Alimony Orders Be Modified?
Alimony obligations typically end when the recipient spouse remarries. Informal cohabitation with a new partner may also terminate or reduce payments in some cases.
Retirement can also impact ongoing alimony if the paying spouse has less income. Both parties have disclosure requirements regarding assets, income, expenses and more during proceedings.
Some of the typical reasons to request a modification include:
If the spouse receiving alimony cohabitates with a new partner or gets remarried
If the spouse paying alimony retires or has an involuntary reduction in income
If there is a significant increase or decrease in living expenses for either spouse
Who Qualifies For Alimony?
Legally married couples are subject to the same laws and regulations regarding alimony.
The courts do not factor any gender when determining if alimony is appropriate and how much should be paid.
The same criteria is used, looking at each spouse's financial situation, assets and earning potential.
Bottom Line
While alimony can seem confusing, these key facts cover the basics. It's an area of divorce where having an experienced divorce attorney advocating for your interests is vital.
When considering divorce, make sure to understand your rights and potential responsibilities around alimony.
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