"Can you explain how alimony works?"

Alimony, also known as spousal support, is available in cases where one spouse needs support and the other spouse has the ability to pay it. Overall, this issue is probably the most contested issue in divorce cases. Generally, the court can award alimony in a lump sum or periodic payments. The shortest periodic payment is “bridge-the-gap alimony,” which is awarded to assist the spouse in transitioning from married life to single life. If that spouse can show the court a reasonable plan for becoming self-sufficient (usually by completing additional education), the court can award rehabilitative alimony for a period of several years.

Sometimes, the court will award permanent periodic alimony, which will last until the receiving spouse remarries (under recent case law, “cohabitation” may be enough to trigger termination), or either spouse dies. Typically, permanent periodic alimony is awarded in a long-term marriage. There is usually a wide disparity of income between the parties, and the receiving spouse is “beyond” rehabilitation. The amount of support awarded is dependent upon the “lifestyle established during the marriage.”

A new option recently approved in Florida law is called "durational alimony." This applies to marriages for which permanent periodic alimony is not appropriate. The court can award a monthly amount of durational alimony for a term of years, usually considered fewer years than the total years of the marriage. As with permanent alimony, the monthly amount is based on the standard of living established during the marriage.

Since the law does not provide us with guidelines to assist the court in establishing an amount of alimony, an experienced family attorney is necessary to put together the evidence and argue what the appropriate amount is based on the evidence.

Lisa Baird is the founder of her Miami-Dade firm, Lisa A. Baird P.A. Her practice areas are all types of family law matters and offers dedication and loyalty that puts you first, quality and timely legal advice you can trust, and a customized strategy that fits your divorce. You can reach her at (305)595-8185 or bestfamilylawyer@bellsouth.net.View her Divorce Magazine Profile.

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