Orlando Alimony Attorney
New Alimony Reform Law Passed on July 1rst, 2023.
Top-Rated Alimony Lawyers in Orlando
As divorce and alimony attorneys in Orlando and Central Florida, we understand that the obligation to pay or receive alimony is a serious financial issue that can complicate a divorce and add on to an already complicated situation. Divorce is already difficult enough without worrying about financial security. With the direction of the skilled Orlando alimony attorney team at TK Law, alimony and support proceedings may be easier to endure.
Alimony, or “spousal support,” is a monetary periodic or lump sum payment that the court orders one spouse to pay to the other, either during a divorce proceeding (temporary relief) or after the divorce is final.
In addition to ordering alimony, a Florida court may also order the paying spouse to either purchase or maintain a life insurance policy or a bond.
If you have questions about any alimony aspects of your divorce, please contact us today.
Speak with an experienced Florida Alimony attorneys at our firm today.
Call 855-Kramer-Now (855-572-6376).
Types of Florida Alimony
Alimony in Florida is determined by the court. In calculating the amount of alimony, if any, the court will consider each spouse’s need for support versus their ability to pay. In other words, all other factors being equal, the court will require the spouse who earns a significantly higher income to pay alimony to the spouse who is in need.
There are multiple types of alimony listed in Florida Statute 61.08 that are awarded based on the circumstances of the case, including how long the marriage lasted before a spouse filed for divorce. For alimony purposes, Florida courts consider a short-term marriage as less than ten years (10 years), a moderate-term marriage as more than ten years (10 years) but less than twenty years (20 years), and a long-term marriage as more than twenty years (20 years).
Bridge-the-Gap or Transitional Alimony
Bridge-the-Gap alimony, sometimes called “transitional” alimony, gives the recipient time to transition from married to single life. In doing so, this type of alimony assists the recipient with legitimate short-term needs that the court can identify. This alimony is limited in scope and in duration and cannot be awarded for more than two years (2 years) and can only be terminated if either party dies or remarries. It cannot be modified in amount or duration.
Rehabilitative Alimony
Rehabilitative alimony helps the recipient become self-sufficient after divorce. Such alimony includes support for the redevelopment of previous skills or credentials or the acquisition of education, training, or work experience. A spouse who desires this type of alimony must establish a specific rehabilitative plan with the court. The court may modify or terminate rehabilitative alimony upon a substantial change of circumstances, non-compliance, or completion of the rehabilitative plan. If the Rehabilitation plan is completed before the end of the term, then the Rehabilitative Alimony expires.
Durational Alimony
Durational alimony provides the recipient with temporary economic assistance. Durational alimony can also apply for a long-term marriage. An award of durational alimony may not exceed fifty percent (50%) of the length of a short-term marriage, sixty percent (60%) of the length of a moderate-term marriage, or seventy-five percent (75%) of the length of a long-term marriage.
The court may modify or terminate durational alimony upon a substantial change in circumstances, including if either party dies, remarries, or experiences a significant change in income (including certain instances of retirement). However, the length of the award can only be modified under exceptional circumstances and cannot exceed the length of the 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 certain factors.
Permanent Alimony
The 2023 Florida Alimony Reform Bill makes significant changes to the concepts of “short,” “moderate” and “long” term marriage and the kinds of alimony that can be awarded in each type. The 2023 Florida Alimony Reform Bill establishes a five-year cutoff on rehabilitative alimony. Under the 2023 Florida Alimony Reform Bill, people married for less than three years (3 years) will not be eligible for alimony, and those who have been married twenty years (20 years) or longer will be eligible to receive payments for up to 75 percent of the total length of the marriage.
The 2023 Florida Alimony Reform Bill identifies factors for the courts to consider for example:
- the anticipated needs and necessities of life of each party after entry of the final judgment,
- the physical and mental condition of parties,
- their ability to use or obtain requisite skills to support themselves gainfully, and,
- any disabilities (short or long-term) that affect a party or the children for which a party will become the caregiver.
While permanent alimony disappears, bridge-the-gap, rehabilitative, and durational alimony remain and may or may not be awarded to each type of marriage, depending upon the circumstances. The 2023 Florida Alimony Reform Bill finally gives us a formula as a guide for support awards.
The 2023 Florida Alimony Reform Bill also codifies case law by allowing for the reduction or termination of alimony based on the retirement of a payor. The guidelines codify existing case law that dates back to the Florida Supreme Court’s 1992 decision in Pimm v. Pimm, 601 So.2d 534 (1992). This section has been given much criticism as the 2023 Florida Alimony Reform Bill is arguably over broad in defining what age is appropriate for a person to retire.
The 2023 Florida Alimony Reform Bill allows a person paying alimony to seek to reduce or terminate alimony when the person paying the alimony “has reached normal retirement age as defined by the Social Security Administration or the customary retirement age for his or her profession and that the obligor (person paying the alimony) has taken demonstrative and measurable efforts or actions to retire or has actually retired.”
The 2023 Florida Alimony Reform Bill will also allow alimony payers to seek modifications if “a supportive relationship exists or has existed” involving their ex-spouses in the previous year.
Contact TK Law to speak with an experienced divorce and alimony attorney. We can discuss how the 2023 Florida Alimony Reform Bill applies to your situation and whether your circumstances qualify for a potential modification, as well as which form of alimony will best apply in your divorce. Contact us for a free consultation today.
What Factors Are Considered in Alimony Award?
Once a Florida court determines that alimony should be awarded, the court may use the following factors to determine how much and what type of alimony the receiving spouse will get:
- Standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment;
- Length of time of the marriage/ duration of the marriage;
- Age and physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s (person receiving alimony) ability to provide for his or her own needs or the obligor’s (person paying the alimony) ability to pay alimony and whether such conditions are expected to be temporary or permanent;
- Each party’s financial resources and income. These include marital and non-marital assets and debts;
- Earning capability of either party, to include educational level, vocational skill and employability, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self support prior to the termination of the support, maintenance, or alimony award;
- Each party’s contributions to the marriage;
- Parental responsibility to any child or children the parties have together with special consideration given to the need to care for a child with a mental or physical disability;
- Any other factor necessary for to do equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for in s. 61.14(1)(c)1.
Alimony Modifications
The court may modify an award of alimony if there is a significant change in circumstances or if the recipient becomes involved in another supportive relationship. The court will terminate alimony if the receiving party dies or remarries.
If there is an alimony order that should be legally modified because of a change in either party’s circumstances, our attentive divorce attorneys at TK Law will know the procedures necessary to get a resolution to your alimony matter as peacefully and efficiently as possible.
Contact An Orlando Alimony Lawyer
Contact us: You can also call us quickly and conveniently at 855-572-6376. We are ready to help.
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As divorce attorneys, we understand that the obligation to pay or receive alimony is a serious financial issue that can complicate a divorce case. Divorce is already difficult enough without worrying about financial security.
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