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The determination of alimony begins with the elements
of “ability to pay” and “need.”
The determination of alimony begins with the elements of “ability to pay” and “need.” In order for the court to award alimony, both elements must be met. Regardless of the ability to pay on the part of one partner, if the other partner cannot demonstrate a need, alimony will not be ordered. Likewise, if one party can demonstrate a need but the other party does not have the ability to pay, the court will not award alimony.
If both elements are present, the court will apply current Florida alimony laws to determine the amount of alimony to be paid. Once alimony is ordered, there are instances where a reduction in alimony may be justified at a later date.
Factors That Affect the Amount of Alimony Awarded
Once the courts determine that both elements necessary for an award of alimony have been met, the court must then apply the individual facts of the case to the factors that determine the amount and type of alimony to be awarded. The factors that the court considers when determining the type and amount of alimony are:
The duration of the marriage.
The age, physical condition and psychological condition of the parties. The financial resources available to each party including marital assets, non-marital assets and the liabilities of each party.
The standard of living enjoyed by the parties during the marriage. Every source of income available to both parties.
The contribution of the parties to the marriage including but not limited to childcare, career building of the other spouse, homemaking and education. If applicable, the time necessary for either party to obtain sufficient training and/or education to obtain employment to provide for his or her needs. Any other factor that would result in justice and equity between the parties.
Types of Alimony in Florida
If the court determines that alimony is appropriate, the next step is to determine the type of alimony to be paid. In Florida, there are six types of alimony that may be awarded in a case based on the specific circumstances and facts of the case.
1. Temporary alimony – Awarded by the court pending a final determining in the case.
2. Bridge-the-gap alimony–Used by the courts to help one spouse transition from married to single life. This type of alimony may be used in marries of short
duration or where one spouse needs assistance for a short period of time as he or she faces the financial pressures of being single again.
3. Rehabilitative alimony - This type of alimony assists a spouse in obtaining the training and/or education necessary to obtain a job to become self-sufficient. The spouse must have a rehabilitative plan setting forth the time frame and the
objectives of the party receiving the alimony.
4. Lump sum alimony – Alimony that is paid in a lump sum and is non-modifiable. 5. Durational alimony – This type of alimony is used when permanent periodic
alimony is not warranted but one spouse needs economic assistance for a specific period of time. The term of durational alimony may not exceed the length of the marriage.
6. Permanent periodic alimony – Typically awarded in marriages of long duration. Alimony is paid on a periodic basis with no set date for termination.
Reduction in Alimony Payments
In order to have a reduction in alimony payments, you must file a Supplemental Petition to Modify Alimony with the court. To qualify for a reduction in alimony payments, you must demonstrate to the court that a substantial change in
circumstances has occurred since the signing of the original order granting alimony.
Typically, a substantial change in circumstances is an involuntary, permanent and material change that was unanticipated at the time alimony was granted. Some examples of substantial changes in circumstances include but are not limited to:
Health issues of one of the parties Substantial inheritance
Long-term unemployment Retirement of the payor Payee fraud
Payee remarries
Evidence of cohabitation or supportive relationship
Unfortunately, a reduction in alimony is not a simply process. You must file your petition with the court, participate in mediation, comply with financial disclosure requirements and go through a trial if you cannot settle the issue through mediation and negotiations. This is the main reason you need an experienced Florida alimony attorney when you are seeking a reduction in alimony or you are objecting to a petition for reduction of
Does the Type of Alimony Affect Petitions for a Reduction in
Alimony?
Yes, the type of alimony that you are awarded can affect when, if and how the alimony may be modified.
Permanent alimony may be modified or terminated if there is evidence of a supportive relationship or a substantial change in circumstances.
Rehabilitative alimony may be modified or terminated for a substantial change in circumstances, noncompliance with the rehabilitative plan or upon early completion of the rehabilitative plan.
Bridge-the-gap alimony is non-modifiable in either amount or duration.
Temporary alimony is paid during the court of the divorce action and may be modified by the court at any time.
Lump sum alimony is generally not modifiable once it has been ordered by the court.
Durational alimony may be modified as to the amount to be paid upon the showing of a substantial change in circumstances; however, the term of durational alimony may not be modified except under exceptional circumstances.
Contact a Boca Raton Alimony Reduction Attorney for More
Information
Be Confident. You have a Legal Expert on Your Side
Lewert Law Offices, P.A., is a full service Boca Raton Family Law firm providing expert legal advice and representation in all aspects of marital and family law representing clients throughout Broward County and Palm Beach County. Tina L. Lewert, Esq. is Board Certified by the Florida Bar in Marital & Family Law. She is also a highly-skilled mediator who has been certified by the Florida Supreme Court.
Contact Lewert Law Offices, P.A. by calling 561-419-9634 or by using our convenient
Learn More about the Florida Relocation Statute from an
Experienced Boca Raton Relocation Attorney
Tina L. Lewert, Esq. is an experienced family law trial attorney who willwork tirelessly to protect the best interest of your child. Her extensive family law experience allows her to formulate a strategy that takes into consideration the details of your case to help you achieve the outcome you desire. Ms. Lewert has a great deal of litigation experience trying parental relocation matters on both sides of the issue.
Ms. Lewert is Florida Board Certified Specialist in Marital and Family Law so you can trust that you will be receiving expert legal counsel as you contemplate your options regarding the relocation of your child. ContactLewert Law Offices today at 561-544-6861 to schedule an appointment.
About the Author
Tina L. Lewert, Esq.
Tina L. Lewert, Esq. is a seasoned lawyer who works with clients to resolve all of their family law and divorce issues, including complex asset distribution, child custody and parenting issues, child support, alimony, and marital agreements, working diligently to obtain the best results possible. As a Board Certified Specialist in Marital & Family Law, Ms. Lewert is one of fewer than 6% of lawyers in Florida who has been designated by The Florida Bar as an “Expert” in her area of practice. Board Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in their field. Certified lawyers are the only lawyers permitted to identify or advertise themselves as “Experts,” “Specialists,” or “Florida Bar Board Certified.” Achieving such status involves meeting the rigorous standards set by The Florida Bar Board of Legal Specialization and Education, which is operated by the Supreme Court of Florida, and includes favorable confidential peer and judicial review, extensive continuing legal education, and substantial involvement and trial work in marital and family law cases sufficient to demonstrate special competence in the area of practice. Ms. Lewert is also a Supreme Court Certified Family Law
Mediator.
Lewert Law Offices The Plaza
5355 Town Center Road, Suite 203 Boca Raton, Florida 33486
Phone: 561-544-6861
