Alimony Mediator in Tampa, Florida

There are several types of alimony: Rehabilitative, Durational, Bridge-the-Gap, Lump Sum, and Temporary. If you are an alimony candidate or facing the potential for an alimony obligation, we can negotiate the different types of alimony, and when each is appropriate. Several factors are analyzed including a statutory formula, but a determination of alimony will always consider “Need and Ability to Pay”, whether the recipient has the need, and whether the payor has the ability to pay.

Is Alimony Appropriate in Your Case?

In determining whether alimony is appropriate, the court will consider the standard of living during the marriage, length of the marriage, age, physical and emotional condition of the parties, the financial resources of the parties, the earning capabilities of the parties, the contribution of the parties (such as homemaking, taking care of children, career building, etc.) responsibilities for minor children of the marriage after the divorce, tax treatment, sources of income, and other factors. Generally, infidelity will not be a factor, unless the infidelity caused a dissipation of the marital assets or increased the marital debts.

Permanent alimony has been removed from our statutes, and we were provided with a statutory formula which determines a high range of alimony, where alimony will not exceed 35% of the difference in the parties' net incomes. However, durational periodic alimony for an extended period may be appropriate in your case.

If you were in a long-term marriage over 20 years, durational alimony can be ordered for a term up to 75% of the marriage. If you were in a moderate term marriage 10-20 years, durational alimony can be order for a term up to 60% of the marriage. If the marriage is less than 10 years, it is considered a short term marriage, and alimony may be awarded up to 50% of the marriage. However, alimony may not be awarded in marriages that lasted less than 3 years. There are exceptional circumstances where the Court may extend durational alimony by a showing of clear and convincing evidence of specific factors.

Durational alimony is modifiable if there is a substantial change in circumstances, but it continues until the death of a party, remarriage of the spouse receiving alimony, or until further order of the court. Durational alimony may be modified or reduced if the payee is in a supportive relationship, where the former spouse is being supported in some way by a third party or is supporting a third party. The duration is not modifiable.

Bridge-the-Gap alimony is normally for short-term marriages under 10 years or can be combined with other forms of alimony. This alimony provides support for a transitionary period of no more than 2 years to assist a spouse with short-term needs to move from married life to single life. This can be ordered in a lump sum, or in a monthly payment. Bridge-the-Gap alimony is non-modifiable as to amount and duration, but it will terminate upon the death of either party or remarriage by the party receiving the alimony.

Rehabilitative Alimony is for a spouse who is planning to go to school or back to work and needs to be trained. To request rehabilitative alimony, the spouse must have a detailed plan to present to the court, which may include the cost of tuition and other school expenses, and living expenses while attending school. The spouse will need to demonstrate that after receiving the rehabilitative alimony, the spouse will earn enough from the rehabilitation to reduce an otherwise need for alimony.

Temporary Alimony and Temporary Attorney's Fees may be awarded during the marriage. The Court will determine whether there is a need by the requesting spouse, and an ability to pay by the payor spouse. The length of the marriage is not determinative in a temporary alimony decision. Even a party in a short-term marriage may be obligated to pay temporary alimony. During the marriage, the Court will require the parties to maintain the "status quo" and both parties are entitled to equal legal representation.

As of January 1, 2019, the tax laws were changed in relation to alimony. Alimony is no longer deductible by the payor and is not taxable to the payee.