In a dissolution of marriage proceeding one of the most frequently asked questions is whether I or my spouse is entitled to alimony. Either the Husband or the Wife may obtain a form of alimony in the State of Florida under the proper circumstances. Each party has the same rights in regard to the issue of alimony. The issue of whether a spouse is going to receive alimony depends on the individual facts of that particular case. What happens in one case may not happen in another.
There are several different types of alimony within the State of Florida. The alimony may be permanent in nature or it may be rehabilitative in nature. Rehabilitative alimony is used to allow the receiving spouse time to create the ability to be self supporting, either by the redevelopment of a previous skill, or by providing the training necessary to develop new skills. Rehabilitative alimony is for a limited length of time. Permanent alimony, on the other hand, is support which is paid to the spouse until the receiving spouse remarries or one of the spouses passes away. In either case, the Court may order the alimony payments to be made on a periodic basis or in lump sum or both.
To receive alimony payments a party must prove that they have a need for the alimony and that the paying spouse has the ability to pay alimony. The Court will take into account the Husband and Wife's standard of living while they were married to each other, the duration of the marriage, the age of the parties, and the physical and emotional health of each party. The financial resources of the parties, including both marital and the nonmarital assets will be taken into account. The distribution of the liabilities of the marriage also must be considered when determining the ability to pay and the needs of the spouses.
Each divorce is individual in nature when dealing with alimony issues. These issues can be complicated and in some cases the results of the litigation can be quite surprising. It will be helpful to discuss with an attorney whether the facts of your particular case warrant a request for alimony payments, whether rehabilitative or permanent in nature.
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Chartered Law Offices of
Troum & Wallsh
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Maitland, FL. 32751
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