When filing for divorce, alimony may be considered based on the financial need of the parties involved. Alimony is not the same thing as child support. It is financial assistance based on the need of one party and the ability to provide that need of the other party. What many do not know is that there is more than one type of alimony.
The length of the marriage is considered when the type and amount of alimony is being determined. It is important to know the breakdown of the duration categories. A short-term marriage is one lasting less than seven years. A moderate marriage is one lasting from seven to seventeen years, and a long-term marriage has duration of more than seventeen years.
Temporary Alimony may be awarded prior to the final divorce hearing being held. A court proceeding can take place almost immediately after the case is filed to get an order of temporary alimony until the case can be fully heard. A final alimony amount may be determined at that final hearing.
Bridge the Gap Alimony is awarded when there is a known short term need, not exceeding two years. The amount or duration cannot be modified. If the death of either party or the re-marriage of the awarded party occurs, bridge the gap alimony is terminated.
Durational Alimony is awarded for a set period of time if there is no permanent need for assistance. This type of alimony is considered for short-term, moderate, and long-term marriages that are being dissolved. In a case of a considerable change of circumstances, durational alimony can be modified. If the death of either party or the re-marriage of the awarded party occurs, durational alimony is terminated.
Rehabilitative Alimony is temporary assistance meant to allow a spouse to re-enter the workforce or finish their education. It is based on a rehabilitative plan. This type of alimony terminates if there is a substantial change of circumstances pursuant to Florida Statute occurs, if the rehabilitative plan is completed, or non-compliance of the plan.
Permanent Alimony can be awarded by the court only if no other type of alimony is fair and reasonable. It may be awarded for long-term, moderate, and short-term marriages based on the circumstances. For short-term marriages, exceptional circumstances must be documented. Typically, the longer the duration of the marriage and the greater the difference in pay of the parties involved increases the chance for permanent alimony.
This post was written by David Hurvitz. Follow David on Google+.