The recent changes to Florida’s alimony statute will apply to all initial awards of alimony entered after July 1, 2010 and modifications of such awards. These amendments cannot be the basis to modify awards or change the amount or duration alimony awards entered before July 1, 2010.
Below is a list of new factors the court will consider in determining the amount of the alimony award:
1. The responsibilities each party will have with regard to any minor children the parties have in common.
2. The tax treatment and consequences to both parties of any alimony award. This includes the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
3. All sources of income available to either party. This will include income derived from investments of any assets held by either party.
Presumptions – Term of Marriage:
1. A short-term marriage is marriage lasting less than 7 years.
2. A moderate-term marriage is marriage having a duration of greater than 7 years but less than 17 years in length.
3. A long-term marriage is a marriage lasting 17 years or longer.
The new law codifies all forms of alimony: bridge-the-gap, rehabilitative, durational and permanent. A court may combine the forms in one award.
Call a Florida Family Law Attorney to discuss your right to alimony and how it may be calculated.