Florida Criminal Defense and DUI Defense Blog

12Jan, 20

florida alimonyTo the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.

For purposes of determining alimony, there is a rebuttable presumption that a short‑term marriage is a marriage having a duration of less than 7 years, a moderate‑term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long‑term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

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. An award of bridge‑the‑gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge‑the‑gap alimony shall not be modifiable in amount or duration.

Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self‑support through either:

The redevelopment of previous skills or credentials; or

the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.

An award of rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.

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. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances .However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

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. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are written findings of exceptional circumstances. In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship.

The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.

Attorney Mike Kessler
Written by: Attorney Mike Kessler

Attorney Kessler has been practicing criminal law in Florida for 30 years. He is recognized as is a leading authority on drunk-driving defense as well as a founding member of the Saint Lucie County Association of Criminal Defense Lawyers and co-author of The DUI Book: Florida Edition, the definitive resource on DUI in Florida.

To speak with Mike, call 772-466-4900 or click here for a free consultation.

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