Alimony Flashcards
Alimony
ALIMONY IS BASED ON ONE SPOUSE’S NEED FOR IT AND THE OTHER’S ABILITY TO PAY.
Adultery & Alimony
A court can consider adultery if it affected the couple’s financial circumstances.
Alimony Modification
All alimony can be modified due to a substantial change in circumstances.
- except bridge-the-gap alimony
Permanent Alimony
FLORIDA HAS ABOLISHED PERMANENT ALIMONY.
Alimony Pendente Lite (Temporary)
- During divorce
- In every proceeding for dissolution of marriage
- Cannot be waived
- Can be modified based on substantial change in circumstances
Bridge-the-Gap Alimony
Alimony to provide support to a party in making a transition from being married to being single.
- Cannot exceed 2 years
- Cannot be modified
- Terminates upon the death of either party or the remarriage of the recipient
- can also be terminated if you can prove a financial supportive relationship
Rehabilitative Alimony
Alimony to assist a party in obtaining education or training necessary for establishing the capacity for self-support.
- there must be a specific & defined rehabilitation plan: layout what you’re going to do
- cannot exceed 5 years
- Can be modified or terminated if there has been a substantial change in circumstances, noncompliance with the rehabilitative plan, or completion of the rehabilitative plan.
Durational Alimony
Alimony to provide a party with economic assistance for a set period of time.
- cannot be awarded for marriages that last less than 3 years.
- Short Term Marriages are marriages that last less than 10 years and durational alimony may not exceed 50% of the length of the marriage.
- Medium Term Marriages are marriages that last 10 to 20 years and durational alimony may not exceed 60% of the length of the marriage.
- Long Term Marriages are marriages that last more than 20 years and durational alimony may not exceed 75% of the length of the marriage.
