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Alimony

Pursuant to Section 61.08 of the Florida Statutes, the court may grant alimony to either party.  Alimony may be bridge-the-gap, rehabilitative, durational, or permanent or any combination.  The Court may consider the adultery of either spouse or other relevant circumstances in determining the amount of alimony.

The Court shall make a finding as to whether either party has an actual need for alimony and whether either party has the ability to pay.  If the Court finds there is a need and an ability to pay, the Court must consider the following factors:

  • The standard of living during the marriage;
  • The duration of the marriage;
  • The age, physical, and emotional condition of the parties;
  • The financial resources of the parties including marital and non-marital assets and liabilities;
  • The earning capacities, educational levels, vocational skills and employability of the parties and when applicable, time necessary to acquire education or training to find employment;
  • The contribution of each party to the marriage, including services rendered in homemaking, child care, education and career building of the other party;
  • The responsibilities each party will have with regard to any minor children;
  • Tax treatment and consequences to both parties of any alimony award;
  • All sources of income available to either party including investments of any asset held by that party;
  • Any other factors necessary to do equity and justice between the parties.

The court decides the duration of the marriage by assessing whether it is short term (less than 7 years); moderate (7-17 years) or long term (17) years or greater.

Bridge-the Gap Alimony

Bridge-the gap alimony may be awarded to assist a party by providing support to allow the party to make a transition to being single.  It is awarded for short term needs and may not exceed two (2) years.  Bridge-the-Gap alimony terminates upon death of either party or remarriage of the receiving party and is not modifiable in amount or duration.

Rehabilitative Alimony

Rehabilitative is awarded to assist either party to establish capacity for self support through the redevelopment of previous skills or credentials or to acquire education, training or work experience necessary to develop appropriate skills or credentials.

In rehabilitative alimony, there must be a showing of a specific and defined rehabilitative plan, which shall be included as part of the order

Rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, upon non-compliance with the plan or completion of the plan.

Permanent Alimony

An award of permanent alimony is ordered to provide for the needs and necessities of life as they were established during the marriage.  Permanent alimony is awarded to individuals who lack the financial ability to meet his or her needs and necessities of life following the divorce if such an award is appropriate upon consideration of the factors set forth above Permanent alimony may be awarded for a short term marriage if there are exceptional circumstances.  It may also be awarded for a moderate term marriage if such an award is appropriate upon consideration of factors.  In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties An award of permanent alimony terminates upon the death of either party or upon remarriage of the receiving party.  An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship.

The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.

Durational Alimony

Durational Alimony is awarded when permanent periodic alimony is not appropriate.  The award is to provide a party with economic assistance for a set period of time following a short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis The award terminates upon the death of either party or on the remarriage of the receiving party.  Durational alimony may be modified or terminated based upon a substantial change in circumstances.  The length of the award may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

Nancy McRoberts Parham, P.A.

210 N. Pierce St.
Tampa, FL 33602
Phone: (813) 228-0219
Fax: (813) 229-2439

Advocate For You

Nancy McRoberts Parham, P.A. serves clients in Tampa Bay in all aspects of Family Law. Armed with a Masters Degree in Marriage and Family Therapy, Mediation Training, and Years of Experience, she aggressively advocates for her client's rights.

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