By: Aisha White
We have all heard stories in the news about people receiving outrageous sums of alimony after a divorce, but is it really that easy to strike it rich? In Florida, alimony is governed under Fla. Stat. 61.08 . There are different types of alimony available to parties here in Florida, including: Bridge-the-Gap alimony, Rehabilitative alimony, Durational alimony, and Permanent alimony. There is also a type of alimony called alimony Pendente Lite that is available while the actual divorce is still pending.
Before making an alimony award determination, the court has to first determine whether either party needs alimony AND whether either party has the ability to pay alimony. If the Read Morecourt determines that there is a need for alimony and the ability to pay alimony, then it then will consider a list of factors in order to determine the type of alimony and the duration of alimony that should be awarded. The court will consider the following factors (not all inclusive), when making its alimony findings: the standard of living, duration of the marriage, age and physical condition of the parties, the financial resources of the parties, the earning capacities and educational levels of the parties, the contribution of the parties to the marriage, the responsibilities of each party for the minor children, tax treatment and consequences of alimony, all sources of income and any other factor.
Currently, there is no magic formula for calculating alimony; however, some state lawmakers are looking to change that. Florida House of Representatives HB 455 was recently approved by the Judiciary Committee. HB 455 has an alimony calculation formula that would be used for all alimony cases here in Florida, and it would essentially end the awarding of permanent alimony. Here is a current copy of the alimony bill which is pending in the Florida House of Representatives Alimony Reform HB 455 and here is the list of actions that have been taken in the Florida House of Representatives thus far FL HB 455 Current Actions Taken .
Alimony reform has been a hot topic here in Florida for several years. If you are contemplating divorce and you are not sure whether alimony would be applicable to your situation, please contact Aisha White or any other DKN Legal attorney to schedule a consultation at 321-329-5449.