Alimony

• What does it take to qualify for permanent periodic alimony?
   
• What is "bridge-the-gap" alimony?
   
• What is rehabilitative alimony?
   
• Does alimony always terminate upon a remarriage?
   

What does it take to qualify for permanent periodic alimony?

Under Florida case law if you have been married for 20 years and there is a significant disparity of income, it would be an abuse of discretion for a trial court not to award permanent periodic alimony. The court considers the need of the requesting party and the ability to pay of the paying party. In awarding alimony the court also considers other factors such as age and educational background of the parties, their contributions to the marriage, and their lifestyle during the marriage. If the marriage has endured for less than 20 years but more than 10, it is in the "gray" area. If the wife earns significantly less than the husband and is the primary caretaker for the minor children, this tends to weigh heavily in favor of awarding permanent alimony in "gray" area cases. Ultimately, this is a matter for the judge to decide on a case by case basis using his discretionary authority.

What is "bridge-the-gap" alimony?

"Bridge-the-gap" alimony is alimony designed to help a spouse make the transition from being married to establishing a single lifestyle. It assumes that the receiving spouse has the ability to be self-supporting, but needs some additional support for a period of time in order to regain self-sufficiency. It is recognized that there are substantial expenses involved in establishing a new household, like paying first and last month's rent, utilities, and moving expenses. It may take a while to regain income from a career that has been interrupted by marriage.

What is rehabilitative alimony?

Rehabilitative alimony is alimony awarded in recognition of the fact that if sacrifices have been made because of marriage and the receiving spouse has not been able to establish a career that will lead to self-sufficiency, additional support is needed until additional education is received and a career can be established. A typical example of this would be a wife who abandoned her own college career early in the marriage in order to work and support the husband's career, or to stay at home to raise children. At the time of the divorce, typically the receiving spouse would not have work experience or an education sufficient to establish a career. In these circumstances, assuming the husband had the ability to pay, rehabilitative alimony would be appropriate to allow the wife to complete her education and begin a career. It must be recognized, however, that in order to convince the judge of the seriousness of the receiving spouse's intention, substantial proof must be made with regard to the education requirements, the cost of education, the time required to complete the education and begin a career.

Does alimony always terminate upon a remarriage?

Typically it does. However, if the receiving spouse has convinced the court that she is entitled to receive rehabilitative alimony to complete her education, occasionally it has been ruled that the obligation to pay rehabilitative alimony continues even upon a remarriage. Sometimes the parties make an agreement that alimony will be paid and is not terminable and non-modifiable except upon death. In that circumstance, a remarriage of the receiving spouse during the specified period would not terminate the obligation to pay rehabilitative alimony by the payor spouse. That is very rare.