Spousal support, also known as “alimony” and, in some states, “spousal maintenance,” can be ordered in legal separation and divorce cases. Spousal support comprises payments that one spouse makes to the other spouse. These payments are usually paid monthly and may be required both before, during, or after a divorce or separation becomes final.
The amount of the spousal support payments is usually included in court orders during a separation or divorce proceeding. They may also, however, be part of a separate order outside of the main dissolution or separation proceedings.
Spousal support is provided to meet the basic needs of the spouse who receives it. These would include the following:
- Food;
- Clothing;
- Rent or mortgage payments; and
- Other necessary living expenses, e.g., medical care, insurance, and the like.
In the majority of cases, unnecessary expenditures and luxury items are not considered when a court decides the amount of spousal maintenance.
What Factors Do Florida Courts Consider in Awarding Spousal Support?
There are several factors a court in Florida will consider when determining whether to grant spousal support, for how long, and in what amount. These factors may include:
- Infidelity: Whether a spouse committed adultery and the circumstances surrounding it;
- Standard of Living: The standard of living during the marriage;
- Marriage Length: The length of the marriage;
- Health and Age: The health and age of the spouses;
- Financial Resources: The financial resources of each spouse;
- Need for Education or Training: The time that will be required for either spouse to obtain education or training that will allow them to obtain suitable employment; and
- Sources of Income: Any sources of income that are available to each spouse.
A Florida court also has the discretion to consider any other relevant factor when awarding spousal support.
How Does Florida Determine the Amount of Spousal Support?
In many states, there is no set formula for determining how much the receiving spouse is entitled to for spousal support. This is the case for calculating alimony in Florida.
Florida spousal support laws direct courts in Florida to begin with the premise that every marriage involves 2 spouses who enjoy a common standard of living. After their marriage ends, the spouse with the higher earning ability has a duty to maintain that standard of living for the other spouse.
Courts award alimony based on several factors related to the essential questions of whether one spouse needs the support and whether the other has the means to provide it.
If the answer to both questions is in the affirmative, then the court can award alimony. The amount is based on the following factors.
- The Duration of the Marriage: A marriage of less than 7 years duration is considered to be short. A marriage that lasted from 7 to 17 years is considered to have had a medium duration. A long marriage is one that lasts more than 17 years. Courts generally adopt the presumption that short marriages should not result in spousal support and long marriages should;
- The Standard of Living of the Couple: The standard of living that the spouses enjoyed during the marriage;
- The Age and Condition of the Spouses: The age and physical and emotional condition of the spouses;
- Financial Prospects: The financial prospects for each of the spouses;
- Earning Ability: The earning power that each party can be expected to have;
- Income of the Spouses: What each party’s respective sources of income are;
- Skills: The skills that each spouse has;
- Resources: The resources of each spouse;
- Contributions to the Marriage: Each spouse’s contributions, financial and otherwise, to the marriage, including homemaking;
- Other Factors: Any other factors the court finds necessary.
What Types of Spousal Support Are Available in Florida?
The state of Florida awards 5 different types of spousal support in cases of divorce in Florida as follows:
Temporary spousal support only lasts while a divorce is pending. This type of support may be necessary if one spouse has no or low earnings and needs immediate support following the separation of the spouses. Temporary support ends when the divorce becomes final. If the spouse who receives temporary support has a continuing need for support, they would be awarded a different kind to be paid after the divorce is finalized.
Bridge-the-gap support is something that only a few states have, and Florida is one of them. Its purpose is to help a lower-earning spouse adjust financially to the transition between married and divorced life. It generally lasts for only 2 years.
It may be awarded, for example, in a case in which the spouses are waiting for the family home to sell. Or, one spouse may not have employment but may be qualified for it. They just need time to find full-time employment. Once the 2 years have passed, the bridge-the-gap support ends and no additional support is due.
Rehabilitative spousal support lasts for a specific period of time following the finalization of a divorce. It is provided so that the dependent spouse may receive the training and education they need to reenter the workforce. This type of support typically terminates when the receiving spouse obtains employment.
Durational spousal support is a somewhat new type in Florida. Durational support lasts for a defined period of time. A court can review the period and modify it, although it would probably do this only in unusual circumstances. In any event, the period of time cannot be longer than the life of the marriage. So, if a marriage lasted 3 years, durational support could last no longer than 3 years.
An example of a situation in which durational support might be awarded is when the children of the marriage are under 18 at the time of the divorce. The lower-earning spouse may ask for durational support for a number of years until the children all reach the age of 18. At that time, the spouse may plan to resume their employment.
In cases in which a marriage lasted longer than 10 years, a court may award permanent spousal support. It can last indefinitely. A court may order that spousal support be permanent in some cases, e.g., if the receiving spouse may never be able to return to work.
How Long Does Spousal Maintenance Last?
How long spousal maintenance lasts depends on the individual case, as well as the need of the spouse who is to receive it and the ability of the other spouse to pay it. As noted above, spousal maintenance can be either temporary or indefinite. Although, it is always possible to go back to court to get an alimony award modified.
A spousal support order may also be terminated for a number of reasons. Of course, if the paying spouse requests termination of support, they must provide a reason for their request.
Do I Need the Help of a Lawyer for My Spousal Support Issue?
It is important to have the help of an experienced Florida spousal support lawyer for any spousal support issues you may face. Spousal support can be quite important to the person who pays it and to the person who receives it.
You may have some concerns regarding your separation or divorce case, including spousal support issues. If so, LegalMatch.com can connect you to a lawyer who can represent you in your separation or divorce case. If you need support to get back on your feet, your lawyer can assist you in getting the support you need.
If you may have to pay spousal support, your lawyer can assist you in ensuring the payments are fair. Your attorney can also assist you in gathering evidence and presenting a termination petition to the court, if necessary.
