Florida Statute Section 61.08 sets forth a two-step process for determining whether to award alimony in a divorce process.
Step One: Determine Need and Ability to Pay
In the first step, the court must make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. The first determination, the parties’ respective need and ability to pay alimony, must be based on the parties’ net income after deducting reasonable expenses.
To determine a party’s ability to pay, net income after expenses, not gross income must be considered. The party seeking support, maintenance, or alimony has the burden of proving his or her need for support, maintenance, or alimony and the other party’s ability to pay support, maintenance, or alimony.
Step Two: Determine the Proper Type and Amount of Alimony
Once the first step is completed, and the trial court finds that there is a need for alimony and the ability to pay alimony by the other party, then the statute instructs the trial court to proceed to the second step. In the second step, the trial court is tasked with determining the proper type and amount of alimony and maintenance which requires consideration of all relevant factors including, but not limited to, those factors in Florida Statute 61.08(3).
There are different types of alimony in Florida. They are as follows:
- Durational alimony. The Durational alimony formula can be found in Florida Statute 61.08.
- Bridge-the -gap alimony
- Rehabilitative alimony.
- Permanent alimony, which was abolished in 2023.
In an award of alimony, the court may order periodic or lump sum payments. The court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded.
The length of the marriage is the period of time from the date of the marriage to the date of filing of an action for dissolution of marriage. For the court in determining alimony, there is a rebuttable presumption that:
- A short-term marriage is a marriage having a duration of less than ten (10) years.
- A moderate-term marriage has a duration of ten (10) to twenty (20) years.
- A long-term marriage has a duration of twenty (20) years or longer.
You can read all the details regarding alimony in Florida Statute 61.08. That is the statute that the judge must follow in a Florida Dissolution of Marriage case.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.