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Family Law


Alimony


Florida law allows for alimony when the circumstances are appropriate. Unlike child support, there are no alimony guidelines or formulas.  The courts looks at whether a party has an actual need for alimony and whether the other party has the ability to pay the alimony. There are additional factors that the court will take into consideration when it makes an alimony determination, they include:


  1. The standard of living established during the marriage
  2. The duration of the marriage
  3. The age and the physical and emotional condition of each party
  4. The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each
  5. The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
  6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
  7. The responsibilities each party will have with regard to any minor children they have in common.
  8. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
  9. All sources of income available to either party, including income available to either party through investments of any asset held by that party.
  10. Any other factor necessary to do equity and justice between the parties.

     
Florida currently has several types of alimony, they include:


  1. Bridge the gap—This kind of alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years.  
  2. Durational—This kind of alimony alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis.
  3. Permanent—This kind of alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.
  4. Rehabilitative—This kind of alimony may be awarded to assist a party in establishing the capacity for self-support through either:         

                a.  The redevelopment of previous skills or credentials; or

                b.  The acquisition of education, training, or work experience necessary to develop appropriate employment   

                     skills or credentials.
       
5.Temporary--alimony may also be awarded after the filing of the petition for dissolution of marriage.


If you are interested and need assistance with an alimony case, contact Lindsay Ruiz Bash, P.A. Contact the firm's office to arrange a free initial consultation with your Tampa Family Law attorney. Attorney Bash is also available to meet after hours by appointment only. We proudly serve the whole Tampa Bay area: Hillsborough County, Pasco CountyNew Tampa, Wesley Chapel, Dade City, Carrollwood, Temple Terrace, Zephyrhills, Brandon, Lutz, South Tampa, Plant City, Riverview, New Port Richey, Land O' Lakes and all the surrounding areas.