Alimony in Your Manatee Divorce Case

6 Rules of Thumb for Alimony in Your Manatee Divorce Case

Alimony can be a tough issue to resolve in your Manatee divorce case.  Why?  First, there is no set formula for determining alimony.   Second, Florida’s alimony statute lists four different types of alimony:  Bridge the Gap; Rehabilitative; Durational; and Permanent.  (Plus temporary alimony).  So, the range of possible outcomes in an alimony dispute is  much wider than the division of property or the determination of child support.  As a result, folks tend to fight about alimony, and alimony cases are often the hardest to resolve without going thorough trial.

My 6 “Rules of Thumb” in alimony cases are:

1.  Everyone could use a little more money, and nobody wants to pay more than they have to.

2.  If you are the person who needs alimony, ask yourself whether the other party really has the ability to pay you.

3.  The longer the marriage, the greater the potential for a significant award of alimony – both in dollars and duration.

4.  The greater the disparity in the spouses’ incomes the greater the potential for an award for alimony.

5.  The “standard of living” established during the marriage is an important factor, but how to apply it?  Most couples spend close to their entire incomes on a month to month basis.  If this is the case, it is not realistic for either party to expect his or her standard of living to stay the same after the divorce.  (i.e. if the combined income of the couple during the marriage is $60,000, then no matter how that $60,000 is split between the two parties in the divorce, each party’s “share”  is always going to be less than $60,000).    The key point is that one party should not be left in abundance, while the other party is left in poverty.

6.  There are different presumptions in regard to alimony based on how many years you have been married.  (Less than seven years; between seven and seventeen years; and seventeen years and greater). Keep in mind the presumptions associated with marriages of various duration and plan accordingly.

 

Link to Florida’s Alimony Statute

I have provided a link to Florida’s current alimony statute:

Section 61.08, Florida Statutes