Is Alimony Just for Gold Diggers?

Alimony is one of the most litigated issues in a divorce. Often, the higher earning spouse will agree to other issues, such as the division of property and parental responsibility and time sharing, but would rather die on a hill than make alimony payments to their ex. But what is alimony exactly, and does it just have a bad reputation?

Although alimony is often portrayed in movies and television as one spouse living “the good life” on their ex’s dime, it’s use and purpose is a far cry from that. The first misconception is that alimony is not gender specific.  Either party in the divorce can be responsible for paying alimony to the other.

The threshold considerations when making a request for alimony in a Florida divorce are:

1)      Is there a demonstrated need for alimony?

2)      Is there an ability to pay alimony by the other party

Unless the answer to both of those questions is a resounding “yes” then the court will not consider issue any further.  The need for alimony is shown by the requesting party’s financial disclosures, which, in short, must show that the requesting party’s monthly income is less than the requesting party’s reasonable monthly expenses, for the lifestyle they are accustomed to.

What alimony is not designed to do, is leave the parties with the same income after alimony is paid, or leave the spouse that is on the hook for alimony with less income than the receiving party. There are various types of alimony that are suitable for specific circumstances, after a need and an ability to pay are proven.

After some recent changes to the law, there are currently four types of alimony available in Florida: lump sum, durational, bridge the gap, and rehabilitative. The award of alimony is limited in length to fifty percent of the duration of the marriage for short-term marriages; sixty percent of the duration of the marriage for moderate-term marriages; and seventy-five percent of the duration of the marriage for long-term marriages.  Short-term marriages are defined as a marriage lasting less than 10 years. Moderate-term marriages are defined as marriages lasting 10-20 years, and long-term marriages are defined as marriages of 20 years or more.

For durational alimony, Florida law limits the award to the reasonable need of the receiving party, or an amount not to exceed thirty-five percent of the difference between the parties’ net incomes, whichever is less.  

The main goal of alimony is to help one spouse transition from married life to single life.  The typical situation where an award of alimony might be appropriate is when one spouse was the “breadwinner” during the course of the marriage, while the other spouse sacrificed their own career goals to provide other valuable services, such as care for the children or maintaining the household.  The non-earning parent may need help in the form of alimony to meet their monthly needs until they have found a job or completed the necessary education to make themselves employable.

There are many other considerations when it comes to alimony and whether you are seeking alimony or have an alimony obligation, you should seek the advice of a Florida family law attorney.

Cody Law would be happy to discuss with you and help you navigate the issues you are facing.  Call or e-mail for a consultation (904) 837-5222.