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Florida Alimony

In Florida, support can certainly influence the distribution of property, and it can become a very intricate part of the outcome of any divorce. When spouses are unable to reach an agreement on this issue, the Circuit Court can order support from one spouse to the other on a case-by-case basis.

The court may also consider marital fault, especially adultery, when making an alimony award.

The court weighs a number of considerations, but has the option to consider any factors necessary in order to be fair to both spouses.

The court can order that the paying spouse secure alimony through life insurance, bonds, or secure other assets. It can also order alimony payments to be made through a third-party depository. This is not necessary if there are no minor children, and when there are minor children, the spouses can agree not to use a depository.

Types of Alimony

Under Florida law, there are two types of spousal support or alimony: permanent or rehabilitative. Permanent alimony usually lasts for the rest of the life of the spouse receiving support or until some event occurs, such as remarriage. Rehabilitative spousal support is for a limited time and is intended to help the spouse receiving support gain the skills, education or experience necessary to support himself or herself. The court will typically order periodic payments, payments in lump sum, or a combination of both.

Factors Considered by the Court

In Florida alimony is discretionary. According to Florida Statutes - Chapters: 61.08, the court shall consider all relevant economic factors, including but not limited to:

  • the standard of living established while married;
  • the length of the marriage;
  • the age and health of each party;
  • the financial resources and assets of each party;
  • when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment;
  • 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; and
  • all sources of income available to either party.

The court may also consider any other factor necessary to do equity and justice between the parties.

The court may order any spouse who is paying alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award should he or she predecease the obligated support period.

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