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Florida Transitional Alimony

Florida divorce law requires that permanent periodic alimony (a fixed amount per month which lasts until one spouse dies or the receiving spouse remarries) is restricted to long term marriages. So what do you do if you have not been married for a long time? The concept of transitional alimony was created precisely to accommodate this situation.

What if you are going through a Florida divorce after a three year marriage and your spouse earns substantially more income than you do? If you are fully employed to your highest potential, rehabilitative alimony is not appropriate and will not be awarded by the court. Your marriage is also too short in duration to be considered for permanent periodic alimony. For this precise situation, Florida law allows a judge to award transitional alimony.

Transitional alimony is awarded for the purpose of getting a divorcing person from married life to single life without unreasonable financial difficulties. Skilled Florida divorce attorneys have asked for and Florida divorce judges have awarded sums of money for the purpose of paying first and last month's rent on a new apartment, for making a down payment on a new house, for hiring a moving company to take furniture to a new residence or even for buying furniture to place there.

It is awarded when one spouse is better off financially than the other spouse going out of the marriage. The court will determine this by looking at both the marital and non-marital assets that each party has at the time of the divorce and also at the income each has. The court will also consider things such as the amount of sacrifice the requesting party went through to join in the marriage, such as giving up an apartment or changing jobs.

Bottom Line: Even though you may not have a marriage long enough to qualify for permanent periodic alimony and your employment is sufficient to disqualify you from rehabilitative alimony, you may want to speak to an expert divorce lawyer about being awarded money to help you go from being married to being single under the right circumstances.

(copyright Stann Givens 2009)

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When the Florida court decides on the issue of child custody and visitation, the gender of the parents is not considered. For example, a mother will not automatically receive custody of the children just because she is the mother. The judge must only consider what is in the best interests of the child. Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child. And, if the parties cannot agree on these important issues, the judge will make the decisions.
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