By Stuart R. Manoff, Esq. –
Alimony, also known as spousal support, is utilized by Florida courts to ensure that the reasonable financial needs of each spouse are met during and after a divorce.
Within Florida Statute § 61.08, the Florida legislature has outlined factors to be considered by judges in determining alimony awards. The factors include, but are not limited to: the standard of living maintained during the marriage; the duration of the marriage; the age and physical/emotional condition of each party; the financial resources of each of the parties; the earning capacities and educational levels of each party; the contribution of each party in homemaking, child care, education, and career building of the other party; the responsibilities each spouse will have with regard to minor children; and other similar factors.
While none of the above factors is a “super factor,” so to speak, the physical and emotional condition of the parties may have a big impact on the award of alimony. If, for example, one of the parties has a medical condition that would prohibit him or her from working in the future and becoming self-supporting, the Court will take that into consideration when awarding alimony.
There are several types of alimony enumerated in Florida Statute 61.08 that can be awarded in a dissolution of marriage case. The types of alimony available are:
Temporary: Awarded during the pendency of a divorce case on a temporary basis to provide for the receiving spouse’s living expenses, provided that the receiving spouse is in need of such funds and the other spouse has the ability to pay.
Bridge the Gap: Awarded to allow the spouse to “bridge the gap,” or ease the transition, from life as a married person to life as a single person.
Rehabilitative: Awarded to enable the receiving spouse to establish a capacity for self-support, either through the redevelopment of previous skills or through a provision of training to develop supportive skills. This type of alimony must include a specific and defined rehabilitative plan for the receiving spouse, including the objectives of the plan and the amount of time necessary to achieve the goal of self-support.
Durational: Awarded to provide a party with economic assistance for a set period of time following a short or moderate term marriage.
Permanent: Awarded in long term marriages (or short or moderate term marriages if there are exceptional circumstances) to provide for the needs of the receiving spouse as they were established during the marriage when the receiving spouse lacks the financial ability to meet those needs on his/her own.
Florida Judges have discretion in each case to award alimony based upon the alimony statute and what the court believes will be necessary to do equity and justice between the parties. The types of alimony can be awarded separately or in conjunction with one another depending upon the circumstances of the case. Although basic information regarding alimony in Florida is outlined above, the topic can be difficult to understand and navigate, especially when medical issues are involved. If you have questions regarding Alimony in a Florida Divorce case, contact a Palm Beach County Divorce Attorney.
Stuart R. Manoff, Esq.
Nothing is certain in life. The best of friends grow up and apart, in trying circumstances wear away trust and strong bonds. Attorney Stuart R. Manoff, founder of Manoff & Associates P.A. of West Palm Beach, has protected the interest and emotions of thousands of people experiencing the uncertainties of divorce for more than 25 years.
“We’re more than attorneys, we are counselors-at-law”, Manoff said. “Divorce is uncharted territory for many people, and we’re here to help them navigate this difficult heart wrenching process.”
Mr. Manoff, an experienced and trusted expert in marital and family law, has both successfully litigated high-profile cases before the court and quietly negotiated settlements resolving high-asset and income matters maximizing the benefits tailored to the needs and interests of this many clients.
He is a seasoned attorney sensitive to the emotions involved in every family law and divorce case. He and his staff take the time necessary to get to know his clients, their individual concerns and their needs. This time-tested approach has launched his stellar career and gained him widespread respect in the legal community.
Mr. Manoff’s success is the result of more than 25 years of research, study and practice. His team of attorneys, paralegals and support staff, approach each case with compassion and sensitivity. Even in those rare cases when all efforts to negotiate are exhausted, Mr. Manoff has the knowledge and courtroom savvy to fight for his clients’ interests through the daunting process of a trial.
“Every client deserves a strong advocate in the board room and the court room,” he said. “That’s my job.”
Board Certified in Marital & Family Law Since 1994, Child Custody, Child Support, Prenuptial Agreements, Postnuptial Agreements, Alimony, Equitable Distribution, Enforcement Proceedings, Marital Settlement, Agreements, Modification Actions, Timesharing
YEARS IN PRACTICE: 27
B.A. Psychology: University of Maryland,
J.D.: University of Miami School of Law
THE LAW OFFICE OF STUART R. MANOFF & ASSOCIATE, P.A.
515 N Flagler Dr., Suite 2125
West Palm Beach, Fl. 33401
1200 N. Federal Highway, Suite 200
Boca Raton, FL 33432