Gainesville, Florida Alimony and Family Law Attorneys
What are the types of alimony?
There are several different types of alimony. The one most commonly contemplated is periodic alimony, which is a regular payment from one divorcing spouse to the other. Bridge-the-gap alimony is usually paid for a short duration, and is designed to help one divorcing spouse transition to single life. Rehabilitative alimony is also of a short or limited duration, and is designed to allow a divorcing spouse to engage in educational or career improvement to assist that spouse in becoming self-sufficient. Lastly, lump sum alimony is a single payment from one spouse to the other, usually at or near the time of the divorce.
Am I entitled to alimony?
It depends on the circumstances of each case, and is generally determined on the basis of the requesting spouse's need, and the other spouse's ability to pay. Generally, permanent periodic alimony (that is, regular payments from one spouse to another until the recipient spouse dies or remarries) is only applicable in long-term marriages (usually marriages of 12-15 years, or longer). An award of bridge-the-gap alimony is dependent on the financial and other circumstances of the parties. An award of rehabilitative alimony depends on the existence and adequacy of the requesting spouse's rehabilitation plan. Lump sum alimony is also dependent on the financial and other circumstances of the parties. There are no absolute rules with respect to alimony, and it can be awarded or denied based upon the specifics of each case, with consideration of a variety of factors.
What other factors will a judge consider in determining whether to award alimony?
In evaluating a request for alimony, a judge will also consider the standard of living established during the marriage, the age and physical and emotional condition of each spouse, the financial resources of each spouse (taking into account the distribution of assets and liabilities during a divorce), the contribution of each spouse to the marriage (including financial contributions, and contributions to home-making and child-rearing), all sources of income available to the spouses, and any other relevant factor.
Is adultery an issue in the determination of alimony?
Although Florida is a "no fault" divorce state, the Court may consider the adultery of a spouse in determining whether that spouse should pay alimony. Generally, the adultery is only relevant if the requesting spouse can show a wasting of marital assets or funds related to the adultery.
Can an award of alimony be changed?
Yes, by showing a material and substantial change in circumstances. What constitutes such a material and substantial change in circumstances varies greatly by case.
The knowledgeable and experienced family law and alimony lawyers at The Law Office of Silverman and Vorhis can evaluate your case, and discuss the applicability of the different types of alimony to your marriage.
To schedule a free consultation with one of the family law and alimony lawyers at The Law Office of Silverman and Vorhis, call 352-240-1973 , or use the form at right to contact our office today.
Click here to return to the topic list for our Frequently Asked Questions About Divorce.
