Do I Have To Pay Alimony In A Divorce In Florida?
Alimony is a court-ordered contribution made from one partner to another during and/or after a divorce. The idea of shelter evolved at a period when it was normal for one partner to work full-time while the other remained at home to raise a couple’s family or care for the household. When one partner files for a divorce, the other must move from two to one income, which could be challenging in some situations. Although it is more common for both partners to receive a paycheck nowadays, alimony is still a choice for either partner to ensure that no one is left destitute or in need of state assistance after a divorce.
What are the Multiple forms of alimony available in Florida?
Florida offers five types of shelter: temporary, bridge-the-gap, rehabilitative, durational, or permanent. Couples may negotiate the terms of the grant, including the form, length, and amount of the support. However, if you cannot agree, the judge will determine the situation and rule on your behalf.
During the divorce proceedings, transitional assistance is available to the vulnerable partner. Before the court orders assistance, the claimant partner must show the need for assistance and that the other partner has the capacity to pay. Temporary assistance would allow the child-bearing partner to stay financially stable through the long divorce process and end when the judge terminates the divorce.
Florida is one of the few states providing bridge-the-gap assistance that helps the recipient partner meet legitimate short-term needs when moving from married to single. For example, a vulnerable spouse can use the help to pay bills while waiting for a marital home to be sold or to meet other living expenses while trying to find a full-time job after a divorce. Bridge-the-gap assistance will not exceed two years and expire if the paying spouse dies or the assisted spouse remarries. (Fla. Stat. Ann. § 61.08 (5) (2018).
Perhaps the most common form of shelter in Florida is rehabilitative care. The court shall grant rehabilitative help in cases where a spouse can become self-sustaining but needs time and financial assistance to rehabilitate prior skills or to obtain the schooling, training, or job experience required to improve the necessary skills and to join the workforce. Before the court grants rehabilitative assistance, the partners must draw up a clear and specific rehabilitative plan for the court to examine.
Durational assistance is like rehabilitative assistance in that the court sets a time limit on the pension. However, there is no need for a recovery plan. Durational support is necessary in situations where the assisted partner needs financial aid for a specified period of time after the divorce, but the partner is not eligible for permanent support. The help cannot last longer than the marriage. For example, if you have been married for 10 years, your pension will not exceed 10 years.
Permanent support is rare, and the court retains the right to give awards to spouses who require financial help and are unable to become self-sufficient in the future. Permanent assistance may be necessary in situations where the assisted partner is disabled, of advanced age, or caring for a minor child with special needs. In addition to demonstrating exceptional conditions requiring permanent assistance, the court would also weigh the duration of the marriage of the pair when deciding on the final award.
Like bridge-the-gap alimony, the durational, rehabilitative, and lifelong alimony ends when the paying partner dies, or the assisted partner remarries. (Fla. Stat. Ann., § 61.08, 2018).
Do I have to pay for alimony if my wife cheated on me?
Contrary to common opinion, alimony is not only open to mothers. Any partner can apply for help, and the court will determine whether the claimant is in need of assistance and whether the other partner will pay. If the court considers the “need and capacity” the judge will determine the following factors:
- the standard of living established during the marriage;
- length of marriage (seven or fewer years is short-term, 7-17 years is medium-term, and 17 or more years is long-term)
- age of each spouse and physical and emotional health;
- the financial resources of both partners, including non-marital and marital property, assets, and liabilities;
- the earning power, educational level, vocational skills and employability of each spouse and, where appropriate, the time required for either party to obtain sufficient education or training to find employment;
- Commitments of both partners to marriage, including homemaking, parenting, schooling, and career-building of the other spouse;
- if either partner has parental responsibility to minor children;
- the tax implications, if any, for both spouses
- all sources of income for both partners, including income available from investment;
- any other consideration that the court considers appropriate for the development of a fair award.
Florida courts can also examine whether either partner committed adultery during the marriage and if the affair had an effect on the couple’s marital funds. For example, if one of the partners lied and paid for an apartment, living expenses, or traveling with a friend or a friend, the court could make a contribution in the measurement of the allowance.
There is no formula for judges to use when determining how much and what kind of help is acceptable. In addition to the considerations set out above, the court must also ensure that the net income of the paid spouse is not less than that of the supporting spouse (unless there are unusual circumstances.) Judges have wide discretion in determining the type(s), length, and amount of allowance that is suitable for your case.
Modifying or Terminating Alimony – What Works Best?
Unless the couple agrees in writing that neither will ask the court to review alimony, either spouse can request a modification if there is a significant change in circumstances since the last support order. However, bridge-the-gap alimony is non-modifiable. Additionally, courts may modify the amount of durational support but not the length.
If the supported spouse doesn’t comply with the rehabilitative alimony plan while receiving support, the paying spouse can ask the court to modify or terminate the award later.