ALIMONY- Florida Statutes § 61.08 cover’s Alimony in Florida. 

• the receiving party must need it and the paying party must have the ability to pay it
• A court determines the amount of alimony according to a series of factors, including:

1. duration of the marriage

2. contribution to marriage

3. health

4. education

5. standard of living during the marriage

6. value of the parties estates

DOES THE FACT THAT ONE SPOUSE HAD AN AFFAIR FACTOR INTO THE AMOUNT OF ALIMONY?

• adultery-Florida Statutes 61.08-A judge may consider adultery  in determining alimony

TYPES OF ALIMONY­

• there are several types of alimony in Florida and a person seeking alimony must show that he or she needs it and the other spouse has the ability to pay it.

• temporary (bridge-the-gap) alimony supports a spouse, i.e. a stay at home mother, while the divorce is proceeding.

• permanent alimony is paid to a spouse who can not maintain the standard of living he or she had during of marriage, i.e. disparity of earnings or salary.  This type is generally not available for short-term marriages. 
• lump sum alimony is where one spouse pays the other a definite sum of money or specific property.  This is either paid all at once or in installments.
• rehabilitative alimony is awarded to help one spouse become self-sustaining and independent.  For example a court can order one spouse to pay for another’s education. There must be a specific plan that a judge can review. A judge looks at

1. the earning ability of the spouse who pays

2. the ability to train payee spouse

3. capacity for self support  after the training or education in marital standard of living

CAN THE AMOUNT OF ALIMONY BE CHANGED?

MODIFICATION OF ALIMONY- the amount of alimony can be modified.

·        cohabitation-If the spouse who receives alimony lives with a new paramour this raises a presumption that circumstances have changed.  A court looks to see if the new paramour supports the alimony-receiving spouse.  Bridges v. Bridges, 842 So. 2d 983 (Fla. 1st DCA 2003)