January 4, 2021
It’s not uncommon for married couples to reach a decisive moment in their partnership where one or both parties are no longer happy with the other. They can formally file for divorce, which requires a rigorous process requiring several legal processes. Dealing with divorce comes with many caveats, one of which is the requirement to pay alimony to your spouses. In Florida law, there have been many changes in how people preparing for divorce can qualify for a specific form of alimony.
Understanding the different types of alimony
Like property and gun laws, each state has its own set of rules regarding divorce proceedings and alimony. Florida Statute Section 61.08 states that there are different classifications of alimony in Florida. This allows divorcees to qualify under a specific category depending on their eligibility to their guidelines and restrictions.
Before you file for a divorce in Florida, here are five major types of alimony you should know about:
1. Permanent alimony
It’s unlikely for the Court in Florida to grant permanent alimony. It usually only applies to spouses involved in long marriages who also have not had any opportunities to receive education or employment skills. This scenario is typically present in households where a spouse sacrifices a personal career to care for the family.
Another case where the judge can grant permanent alimony is if the requesting spouse requires extensive medical care and is unable to seek employment. Although it’s more common to long marriages, people in short-term marriages can be eligible for permanent alimony if they meet the appropriate conditions.
2. Rehabilitative alimony
It’s a specific form of alimony that aims to assist a spouse in being self-sufficient. A spouse can request this if the divorce places them in a disadvantageous financial position. However, you must present a clear rehabilitative plan if you want the Court to grant you this provision. Your plan must either develop the spouse’s educational attainment or sponsor technical and other skills to achieve employment. Keep in mind that non-compliance with the presented plan during the payment period of the alimony will lead to modifications or even cancellation of the other spouse’s dues.
3. Bridge-the-Gap alimony
A spouse will qualify for bridge-the-gap alimony if they have a particular need for financial assistance in the short-term. A spouse must present evidence to support that they’ll require financial aid to purchase, such as purchasing a new home or paying for utilities. This form of alimony typically lasts only under two years. Additionally, once the court reaches a verdict, the spouse can no longer request a modification of the alimony’s amount or duration.
4. Durational alimony
People often get confused with durational alimony since it applies to short and moderate-term marriages. It’s an alternative to permanent alimony, but will only last as long as the length of the marriage. However, there are cases when the Court can modify or terminate it based on substantial circumstances.
5. Temporary alimony
In contrast to permanent alimony, temporary alimony only offers spousal support during and not after divorce proceedings. Additionally, the court can award this to a spouse even if they aren’t qualified for the previous four types after the conclusion of their case.
Understanding what kind of alimony you’ll have to pay or receive from the Court is just the first step in a long list of formal hearings. Since you need to protect your assets and your right as a parent to your children, it’s necessary to hire an experienced lawyer to assist you.
At Dorsey Law Firm, our 35 years of experience in family law in Jacksonville makes us the best partners to have during your divorce hearings. We work with our clients to find the best possible solution for their legal concerns. Contact us today so our legal experts can give you the best legal defense!