Alimony

Question 1

What are the types of alimony?

Answer 1

(1) alimony pendente lite; (2) bridge the gap; (3) rehabilitative; (4) durational; (5) permanent

Question 2

What is alimony pendente lite?

Answer 2

temporary alimony award granted during the litigation to help spouse maintain their status quo during the proceedings

Question 3

What is bridge the gap alimony?

Answer 3

• transitionary alimony (helping the spouse transition from marriage to single)
• cannot last more than 2 years
• cannot be modified
• common for short term marriages
• terminates on death or remarriage of receiving spouse

Question 4

What is rehabilitative alimony?

Answer 4

• Alimony awarded to let the receiving spouse get education or job training to become economically independent
• requires the party to present the judge with a plan
• it is modifiable if there is substantial change or noncompliance with the plan

Question 5

Permanent alimony?

Answer 5

• common in long term marriages
• this is the traditional continuing alimony payment
• must find no other form of alimony is fair and reasonable under the circumstances
• modifiable if there is a substantial change of circumstances
• terminates on death or remarriage of receiving spouse

Question 6

What are the standards of proof to receive permanent alimony?

Answer 6

(1) long term marriage= preponderance of the evidence
(2) moderate marriage= clear and convincing
(3) short term= exceptional circumstances (really rare)

Question 7

What are the years for lengths of marriages in Florida?

Answer 7

Short term= Less than 7 years
Moderate= 7-17 years
Long term marriage= 17+ years

Question 8

When is durational alimony awarded?

Answer 8

• When permanent alimony is not justified
• gives alimony payment for a set period of time not exceeding the length of the marriage
• can be modified
• terminates on death of either spouse or remarriage of receiving spouse

Question 9

what is a pre-requisite showing a party must make to receive alimony?

Answer 9

(1) need; and (2) the other spouses ability to pay

Question 10

What are alimony enforcement mechanisms?

Answer 10

• Wage reduction
• Contempt of court
• Asset seizure (i.e. seize their bank account)