Alimony during divorce is an important concern and divorcing couples should be familiar with when it may or may not be awarded and also how to request it. Alimony can be requested by either divorcing spouse and is awarded based on a variety of different factors once a request for it has been made.
There are generally two types of alimony, or spousal support, that may be awarded during a Florida divorce, durational alimony and permanent alimony.
Durational alimony is a type of alimony that is awarded for a certain duration or period of time. It is typically awarded for the same duration as the length of the marriage.
Permanent alimony may be awarded, on the other hand, based on the length of the marriage and consideration of a variety of different factors including:
- If the marriage lasted fewer than seven years, there is no presumption for awarding permanent alimony.
- If the marriage lasted for a period of seven to seventeen years, permanent alimony may be awarded based on an evaluation of the situation and circumstances.
- If the marriage lasted for longer than seventeen years, there is a presumption in favor of awarding permanent alimony to the divorcing spouse with lower earnings and fewer assets.
Alimony is a payment one former spouse makes to the other former spouse. If durational alimony is awarded, the paying former spouse will need to make the payment amount determined by the court for that period of time. If permanent alimony is awarded, the paying former spouse will need to make the payment amount set by the court to the recipient spouse permanently. Because of the significance of alimony during divorce, divorcing couples should be prepared to address the issue if it comes up and to respond based on their needs and interests.