Thursday, July 21, 2022

How to Determine the Amount, Duration, and Category of Alimony

The court has the right to review alimony terms unless there was a written agreement indicating that there would be no termination or modification of the spousal support terms. Bridge-the-gap support is unmodifiable. Additionally, the durational support period cannot get altered. However, the amount can get adjusted. A spouse paying rehabilitative support can request termination or modification if the benefiting spouse fails to comply with the specified plan. Spouses can discuss alimony terms, including the duration, type, and amount of spousal support. However, the judge can intervene, assess the situation, and rule if spouses cannot reach an agreement. There are five categories of spousal support in Florida: Rehabilitative, temporary, permanent, durational, and Bridge-the-gap support.

How is alimony calculated in Florida? The judge has the discretion to determine the alimony amount, duration, and category of spousal support as stated before. That’s because the law does not stipulate how to work out spousal support. However, the different types of spousal support shed light on the requirements that should get fulfilled before spousal support gets granted. For instance, permanent alimony gets awarded to a spouse who needs financial help and cannot become self-sufficient in the future. The support is appropriate for aged and disabled spouses or spouses caring for special needs children. The court considers the length of marriage before determining the final award. There has to be convincing evidence that there is no other suitable type of support. Permanent support gets reserved for long-term unions. Short-term and moderate-term marriages can qualify for permanent support provided there is compelling evidence of need. The court should find no other spousal support is reasonable and fair before permanent support gets granted. 

Temporary alimony gets awarded in the course of a protracted divorce. The requesting spouse should prove the need for support and demonstrate that the other party can make payments. Rehabilitative support gets granted to spouses who are likely to become self-sufficient given financial assistance and time to develop skills, work experience, training, and education to enter the job market.

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