Florida Alimony - what rules apply?

Divorce cases generate many questions about alimony. Today we talk about the types of alimony in Florida. Is dependent primarily on the need of the receiving spouse and the ability to pay based of the other spouse.

Temporary maintenance is payable while the divorce pending. This kind of maintenance can not be waived in a prenuptial agreement, because it is based on the legal obligation to your spouse support. It ends at the final verdict.

In a final decision, there arethree possible types of alimony in the law.

Permanent alimony is what we think, traditionally, when one hears the word "maintenance". It's so long at the receiving former spouse is alive and remains unmarried and paid. If the receiving spouse moves into a "supportive relationship," Florida law now be changed to maintain constant or be changed. If the paying spouse dies first, his estate has to continue paying.

Rehabilitative alimony is paid, while the receiving spouse receivesEducation or training that will enable him / her to bear themselves. To be eligible for rehabilitative alimony considered, there must be a concrete plan for training.

Lump sum alimony is replaced, but not often. This is the payment of a sum certain, either in a lump sum or payments over time. Once ordered, will receive the full amount owned by the spouses. This alimony can not be changed.

In some areas of the court, judge of a fourth type of alimony, as a "bridge of jobs createdVulnerability is defined as "to facilitate the transition to the single life, if they do not plan on rehabilitation. This is another way that will not last, as soon as may be ordered.

Florida Statute 61.08, the factors judges in deciding alimony, if a case goes to trial. There are certain assumptions that the courts in deciding on permanent use of alimony. The assumptions are, how long you were married used.

In the long term marriages, at least this long 17 years, it is presumed thatpermanent maintenance award. This does not always guarantees an alimony award, however. The age and earning capacity of the recipient also plays a major role. In general, the older the recipient, then the more likely it is to be granted permanent dependents.

It is believed that permanent alimony is not granted in a short-term marriage. In the short term are the marriages of less than six years. Although, a short-term marriage can serve as a basis for alimony on the basisCircumstances.

These intermarried in six to 17 years have NO beliefs for or against maintenance payments. These are called "gray zone" marriages. Court decisions from region to region and even within the same area. This is the area most often litigated in Florida alimony cases.