Thursday, March 14, 2013

Understanding Alimony and It's Future in Florida


Understanding Alimony and It's Future in Florida 

 A piece of history:  As most of us are aware, women traditionally stayed home to care for the home and family, while their husbands worked outside the home. When a divorce occurred, it was most likely as a result of the husband’s infidelity (historically speaking). It was difficult, if not impossible in some cultures, for the wife (divorcee) to acquire a job that would sustain her and the children. Alimony was established to compensate for the change in household economics and included long-term financial compensation to the wife. If the wife was the cause of the divorce, her actions caused her right to alimony to be forfeited.

Since the 1970’s and, more specifically, the last few years, alimony has been completely restructured. The reasons for the changes are most attributed to women working outside the home, better paying jobs available to women and “no-fault” divorces.  

 Currently, both men and women are eligible for alimony depending on the circumstances of the case, custody arrangements, salaries of the husband vs. the wife, etc. The length of the marriage is also a huge factor in determining alimony and rarely is the alimony long-term as it once was in the United States. 

 Types of Alimony:

1.      Bridge the Gap Alimony- Short term alimony (Usually less than 2 years).  This type is established to help in the transition of married to single life (single income). 

2.      Rehabilitative Alimony- Short term alimony not limited to two years, but rather based on a specific budgeted plan. This type is provided for the non-working spouse or the spouse who makes less income while they go back to school or take other necessary steps to become financially independent.

3.      Durational Alimony-Alimony that is necessary, but doesn’t fit either of the above categories. It is also considered short term and usually limited to the length of the marriage (7-17 years).

4.      Permanent alimony- Alimony typically given only to marriages over 17                 years in length. This type of alimony is rare and only used when documented extreme circumstances are present.

 Future for Alimony: The laws regarding alimony may undergo drastic changes once more. Currently, Senate Bill 718 seeks to abolish permanent alimony, limit longevity of alimony at 50% of length of marriage (Durational Alimony), determine amount of alimony payments by using a formula established by the courts, eliminate the ability to base alimony on current living standards (i.e. Current house mortgage, car payment(s), insurance, etc.) and many other changes. This bill, if passed, will have a significant impact on many people in the State of Florida. If you have questions regarding alimony and your circumstances, please make sure you speak with an attorney as changes continue to occur regarding alimony.