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Alimony! Basic Terminology.

Florida Law allows different types of alimony

  • Temporary

  • Bridge-the-gap

  • Rehabilitative

  • Durational alimony - Not for marriages less than 3 years.


How long can alimony last?

There are many different factors to consider when determining how long alimony may be awarded for. Florida law states in particular:

  • An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage.

  • Bridge-the-gap alimony may be awarded to provide support to a party in making the transition from being married to being single. Bridge-the-gap alimony assists a party with legitimate identifiable short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years.

  • The length of an award of rehabilitative alimony may not exceed 5 years.


An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage.


Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of the factors in subsection (3) and upon consideration of all of the following additional factors:


1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.


2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.


3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.


4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.


The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.


(9) 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.



Call Anastasiya Patel Law today to discuss your alimony!


 



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