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Fort Lauderdale Alimony Attorney
The “A” in the acronym P.E.A.C.E. stands for Alimony. Alimony, or as it is commonly referred to as spousal support, is sometimes an issue in a divorce proceeding between spouses with a primary wage earner on one side and a lower wage earner on the other side. Alimony is not always awarded in divorce proceedings because it is based on the need of one spouse and the ability to pay from the other spouse. Section 61.08, Florida Statutes, provides an in depth understanding of Florida’s Alimony laws.
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The 5 Types of Alimony in Florida
Depending on your situation, you may be eligible for certain types of alimony in Florida. The court determines if and how a party receives alimony based on a variety of factors unique to each situation.
The 5 types of alimony are:
- Temporary or pendente lite – Temporary alimony or alimony pendente lite, is often awarded while the divorce is pending. This type of award becomes necessary due to the length of time it could take before the final decree is issued and a permanent alimony award is made.
- Bridge-the-gap – Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years.
- Durational – Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis.
- Rehabilitative – Generally, rehabilitative alimony is used to support the spouse during a period of retraining or re-education for re-entry into the workforce, thereby enabling the spouse to become self-supporting in the not-too-distant future.
- Permanent – Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Despite the seemingly permanent nature of this type of award, it usually does not last forever (i.e., until the recipient’s death).
How Equitable Distribution Affects Alimony
Equitable distribution (the division of property) essentially considers all marital property as a whole. When spouses divorce, the court will divide all assets and debts acquired during the marriage. Florida is an Equitable Distribution State, which means the courts could intervene and use its discretion to determine what is fair and equitable for purposes of property division. The courts, however, are provided with some guidance through Florida’s Equitable Distribution statute, Section 61.075, Florida Statutes.
We Provide Our Clients With Skilled & Compassionate Representation
Any issue within your family can be an emotional one to deal with. If you or a loved one has been confronted with a divorce, and you need a better understanding of how the alimony process works in Florida, our attorneys will be by your side every step of the way. We provide all our clients with skilled representation and guidance.