Tuesday, June 14, 2022

How to Calculate Alimony in Florida

Any spouse can request alimony provided they demonstrate the need for support and show that the other spouse has the means to make payments. There is no formula for the judge to use when determining the appropriate alimony. The court ensures that the net income of the supported spouse is lower than that of the other spouse, unless there are extraordinary circumstances. The judge has the discretion to determine the duration, amount, and type of spousal support. Either spouse can request the court to modify alimony terms if circumstances change significantly. However, bridge-the-gap support is not modifiable. The court could also modify the amount of durational alimony but not its length. The paying spouse has the right to request termination or modification of rehabilitative support if the receiving spouse does not comply with the plan. Temporary support gets granted to the needy spouse during a protracted divorce. The party requesting temporary support should demonstrate the need for financial help and show that the other party has the means to make payments.

Temporary alimony ends after the judge dissolves the marriage. Bridge-the-gap support is a rare type of spousal support. It helps the receiving spouse to meet their legitimate intermediate needs as they transition to singlehood. The benefiting spouse can pay bills and living expenses using the money as they seek a full-time job or as they wait for an asset to sell. There is a time limit for bridge-the-gap support. The payment gets terminated if the receiving spouse remarries or the spouse making payments dies. Rehabilitative support is popular in Florida. It gets awarded to a spouse who can become self-sufficient given financial support and time to acquire skills, training, education, and work experience to reenter the job market. Spouses should create a specified and defined plan before the court awards rehabilitative support.

Durational support gets awarded to spouses who don’t qualify for permanent support. It is appropriate in instances where the beneficiary needs assistance for a period following the divorce. Durational support should not exceed the length of the marriage. Many factors come into play when calculating alimony as explained above. On the question, “how is alimony calculated in Florida?” many factors get evaluated by the judge before determining alimony amount, duration, and category. The judge has the discretion because there is no formula.

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