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Wednesday, 07 April 2010 09:37

money2_2Alimony, also known as spousal support, may be granted by the court to either the husband or the wife in a divorce proceeding. The primary criterion for an alimony award is the need of one spouse and the other spouse’s ability to pay.

While the Florida statutes have provided a formula to calculate child support, there is no such formula to calculate alimony. The determination of an alimony award is based on the facts of each case. Florida statute 61.08 outlines the factors that are concerned in determining an alimony award. These factors include:

  • The lifestyle or standard of living that was established during the marriage
  • The length of the marriage (alimony is not generally awarded in short term marriages)
  • The adultery of either spouse
  • The age and health of the parties (both physical and emotional health is relevant)
  • The contribution to the marriage, including services rendered in child care, education, and assisting in the career building of the other spouse
  • The financial resources of the husband and the wife

There are three general forms of alimony that are awarded:

1. Permanent periodic alimony: this form of alimony is paid in regular installments until the payee or payor spouse dies or until the payee spouse remarries. Permanent periodic alimony may be modified if there is a substantial change in circumstances.

2. Lump sum alimony: this form is alimony is a set dollar amount that may be paid as one payment or can be divided into installments.  Lump sum alimony cannot be modified.

3. Rehabilitative alimony: this form of alimony is paid to give the payee spouse an opportunity to obtain additional education so as to be more self-sufficient. This type of alimony may be modified if there is a substantial change in circumstances.

A court may order the paying spouse to purchase a bond or a life insurance policy so as to protect the alimony award.

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Last Updated on Wednesday, 07 April 2010 10:32
 
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