Alimony

Everyone wants to know about alimony. Are they entitled to it? Are they going to have to pay it? There are several different kinds of alimony, but they all have some things in common. In almost every instance, in order to qualify for an alimony award, the court must find that one party has a need for it and the other party has the ability to pay it.

Permanent, periodic alimony is the first thing people think of when they think of alimony. Those monthly payments that end only when the receiving spouse remarries, cohabitates or one of the parties dies. Permanent alimony is awarded in cases of a long-term marriage. Exactly what qualifies as long term depends. If you’ve been married for less than 12 years, there is a presumption against permanent alimony.

 
Alimony
 

If you’ve been married for 12-16 years, you’re in a gray area where a Judge may or may not award permanent alimony. If you’ve been married for 17 years or more, there is a presumption in favor of permanent alimony if there is a need and ability to pay.  Permanent alimony is generally non-taxable to the paying spouse (deducted from your gross income before taxes) and it is taxable to the receiving spouse (added to your gross income before taxes).

Temporary Alimony is sometimes awarded from the time of separation until the time of the Final Judgment. It is not tax-deductible to the paying spouse and not taxable to the receiving spouse. An award of temporary alimony does not necessarily mean that there will be a permanent award of alimony, but it is an indication that such an award is likely.

Bridge-the-Gap Alimony may be awarded for a period of time after the divorce to give the receiving spouse a chance to get back on their financial feet. It is often awarded in cases where the marriage was not long enough to qualify for an award of permanent alimony, but there is still need and an ability to pay. How many years it would be paid for varies on a case-by-case basis, but certainly for no more years than the parties were actually married, and likely for fewer years than the duration of the marriage.

Rehabilitative Alimony is designed to help the receiving spouse acquire the education and job skills needed to prepare him or her for entering the work force or getting a better job to better support them. The receiving spouse must have a rehabilitation plan that outlines the methods and objectives and details the expenses and time expected to complete the rehabilitation plan.

Lump Sum Alimony is alimony that is sometimes used instead of permanent or bridge-the-gap alimony where special circumstances exist that makes periodic payments unfeasible, or where there is an asset that would take the place of such periodic payments.

(Note: The legislative committee of the Family Law Section of the Florida Bar is proposing a new statute that would create a new class of alimony called Durational Alimony. This type of alimony would cover situations where the marriage wasn’t long enough to qualify for permanent alimony, but where bridge-the-gap alimony isn’t appropriate either.)

 
 
   
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