DIY Divorce in Florida

Florida Alimony: This Time the Judge Wins!

Terminating Florida alimony when your former spouse lives with someone but doesn't get married was authorized by the legislature in 2005. In a new case from the 4th District in West Palm Beach, David French, who is now a Circuit Judge in the 15th Judicial Circuit, got a favorable ruling in his quest to terminate alimony awarded to his former wife in 1988.

He's been at it awhile. In 1993 alimony was reduced from $4000 to $3400 per month based on his former wife living with another man. In 2005 he made a request to terminate or reduce alimony based on the new law (and his new job as a judge, even though he had not yet been elected). The former Mrs. French requested an increase in a counter-petition. At the trial, the court found there was a "supportive relationship" as required by Florida Statute 61.14 but denied all requests. Mr. French appealed and got a favorable ruling on January 21, 2009.

Some of the facts supporting a reduction or termination of alimony in this case include:

• The former wife and her man have been together in an intimate relationship since 1990 and lived the first 10 years in the former wife's home
• In 2000 her man built a place in North Carolina and they split their time between the homes until 2004 when she sold her house. In 2005 she bought another Florida place. They both use both homes for mail, the Florida place for driver's licenses, and share household responsibilities.

Terminating Florida alimony when your former spouse lives with someone but doesn't get married was authorized by the legislature in 2005. In a new case from the 4th District in West Palm Beach, David French, who is now a Circuit Judge in the 15th Judicial Circuit, got a favorable ruling in his quest to terminate alimony awarded to his former wife in 1988.

He's been at it awhile. In 1993 alimony was reduced from $4000 to $3400 per month based on his former wife living with another man. In 2005 he made a request to terminate or reduce alimony based on the new law (and his new job as a judge, even though he had not yet been elected). The former Mrs. French requested an increase in a counter-petition. At the trial, the court found there was a "supportive relationship" as required by Florida Statute 61.14 but denied all requests. Mr. French appealed and got a favorable ruling on January 21, 2009.

Some of the facts supporting a reduction or termination of alimony in this case include:

• The former wife and her man have been together in an intimate relationship since 1990 and lived the first 10 years in the former wife's home
• In 2000 her man built a place in North Carolina and they split their time between the homes until 2004 when she sold her house. In 2005 she bought another Florida place. They both use both homes for mail, the Florida place for driver's licenses, and share household responsibilities.

Rehabilitative Alimony

When alimony is mentioned in a Florida divorce, most people think of what is called “permanent alimony.” Permanent alimony is a monthly payment that continues until death or remarriage of the recipient. “Rehabilitative alimony” allows a spouse to regain financial independence after divorce. Rehabilitative alimony requires one spouse to pay for the other spouse to obtain a skill, education, or other rehabilitation so that s/he can eventually support his or her self.

If you seek rehabilitative alimony, it is important that during the divorce proceeding that you present detailed evidence of the cost of completing your education, your prospects for future employment, and the amount of time you will need to obtain the income you need to be self-supporting. This “rehabilitation plan,” must be credible and complete, so it is important to make your Florida rehabiliative alimony plan as accurate as possible.

Florida Divorce: Court Says Alimony Too High

Florida does not have a formula to determine the amount of alimony. It is usually calculated based on the recipient's household budget. The Third District Court of Appeal found that when the recipient spouse testified that she would be moving to Alabama, where the cost of living is significantly lower than the Florida Keys, it was error to use a budget based on buying a home in the Keys.

The court said, "Evidence was presented that costs are significantly lower in Montgomery, and we are judicially aware that the housing market in the Florida Keys is extremely expensive. The effect was to overstate the amount the wife needed for housing." The case was sent back to reconsider the alimony issue and the attorney fee issue. So remember, use a budget based on the actual cost of housing if you are trying to calculate alimony in your Florida divorce case.

Alimony in a Florida Divorce - What Kind?

Florida divorce cases generate many questions about alimony. Today we talk about the types of alimony available in  Florida. Alimony is based primarily on the receiving spouse’s need and the paying spouse’s ability to pay. 

Temporary Alimony is payable while the divorce case pending. This type of alimony cannot be waived, even in a prenuptial agreement because it is based on the legal duty to support your spouse. It ends at final judgment. 

At final judgment, there are three possible types of alimony in the law. 

Permanent alimony is what we traditionally think of when we hear the word “alimony.” It is paid as long the receiving former spouse is alive and remains unmarried. If the paying spouse dies first, his/her estate continues to pay. If the receiving spouse moves into a “supportive relationship,”  Florida law now permits permanent alimony to be modified or changed.

Rehabilitative alimony is paid while the receiving spouse gets education or training that will allow him/her to be self-supporting. To be eligible for rehabilitative alimony, there must be a specific plan for the education. 

Lump sum alimony is awarded, but not often. This is payment of a specific amount, in either one payment or payments over time. Once ordered, the whole amount becomes the property of the receiving spouse. This alimony cannot be modified.

In some areas of Florida, judges have created a fourth type of alimony called "bridge-the-gap," meant to ease the transition to single life when there is no rehabilitation plan. Changes cannot be made once this type of alimony has been ordered.

Florida alimony can be confusing because most of the rules about it are found in court decisions, not the laws the legislature writes. In the Divorce Professor's Crash Course on Florida Divorce Law, you'll learn all you need to know about Florida divorce terms, from  alimony to properly calculating child support - and how it varies depending on where you live. In fact, you can get everything you need to help your kids through the divorce process and all the forms and instructions with step-by-step guides to help you represent yourself and do it right.  Along with more than 8 hours of instruction from the Florida Divorce Professor.

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