Many times in a divorce action one party or the other is seeking Alimony. These individuals are looking to force the other party to pay alimony and normally want as much alimony as possible. The person from whom they are seeking alimony normally wants to pay as little as possible (zero being the preferred amount).

Length of Marriage - if you think you might have to pay alimony then the length of the marriage may be a large factor in determining how long you may have to pay. The length of the marriage is calculated from the date of marriage to the date the Petition for Dissolution of Marriage is filed, not the date of separation. If you are separated but have not filed for divorce, the longer you wait puts you at a greater risk of paying more years of alimony or perhaps permanent alimony.

Alimony rules change again in July 2011, please call for an update.

What the Judge considers in determining how much alimony is paid has changed! (View full text of HB907.) The Judge will also consider the following among other criteria:

Length of Marriage

If the length of marriage is: less than 7 years it is generally considered short term; more than 7 but less than 17 it is a moderate term marriage and more than 17 it is a long term marriage as measured from the date of marriage to the filing of the dissolution petition.

A long term marriage would be over 17 years in which case you may have to pay or receive if you requested permanent alimony until the receiving spouse dies; remarries or a substantial change occurs that would require in fairness for the payor to pay less such as:

• loss of job
• retirement
• illness
• the receiving spouse no longer needs all the alimony you are paying
• co-habitation as set forth in the marital settlement agreement or pursuant to Florida Statute 61.14

Alimony may increase if the needs of the receiving spouse change such as:

• loss of job
• illness
• loss or reduction in retirement
• increase in the paying spouses ability to pay due to raises, bonuses, etc.

Additional factors to be considered by the Judge in determining the type and amount of alimony:

Age of the parties at the time of the divorce

Generally more youthful spouses are considered to be more able to "get on" with their lives, and therefore thought to require shorter periods of support.

Relative income of the parties

Generally speaking, the Courts will balance one party's needs over the other party's ability to pay. If a party does not have the ability to pay minimal monthly expenses, and the other party has a good income, so long as other factors are satisfied, it's likely that alimony will be awarded.

Future financial prospects of the parties

A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.

Health of the parties

Poor health goes towards need, and potentially an inability to support oneself. The Courts do not want to leave one party indigent and therefore require the other party to pay.

Standard of living during the marriage

Florida recognize a "right" of the spouses to live "according to the means they have become accustomed to live during the marriage", alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. This tends to equalize post-divorce income, heavily penalizing the higher-earning spouse.

Other assets available to the spouses

If a party has other assets which produce a stream of income to help pay for their expenses, it will be less likely that they would receive an alimony award.

The "new" factors in determining how much alimony you pay are as follows:

• The responsibilities each party will have with regard to any minor children they have in common.
• The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
• All sources of income available to either party through investments of any asset held by that party.

How much can I get or how much do I have to pay?

You always hope the Judge renders a fair and just award of alimony but his decision can be only based on the evidence presented through your attorney.

In determining who you choose for your attorney in this most critical phase of your divorce, you should consider your attorney's background. Whether or not he has an accounting background or a business background and also the time he has spent involved in forensic accounting. In that regard you should personally question your attorney as to his ability to do the following:

• Can your attorney spread credit cards and expenses to determine the true needs of the party who is requesting alimony;
• Can he review the overall financial picture or through the use of third party production force the person from whom you wish to receive alimony to produce a true financial picture;
• Does he know enough to take into consideration all of the income available to the person who is paying the alimony?
• Example being: bonuses; like payments such as–does his company provide a vehicle, health insurance, reimbursement for overnight stays or entertainment?
• Your attorney must use third party production to achieve an equitable balance in regarding retirement. In determining how much retirement he is really going to get paid or what his current income is and how that income will change when and if he retires. Your attorney must obtain this information from his job, DEFAS, etc.

Durational Alimony

Durational Alimony is new to Florida and is awarded when permanent alimony is not awarded.

Like permanent alimony it may be modified or terminated based on a change of circumstances but only in exceptional circumstances.

It is most important to note that durational alimony cannot exceed the length of the marriage.

Rehabilitative Alimony

Rehabilitative alimony can only be awarded for a period of time to enable the receiving party to:

• Redevelop previous skills or credentials;
• Obtain education or appropriate employment skills

To receive Rehab Alimony we will help you develop a specific and defined rehabilitative plan that if approved by the court will be placed in the Final Order of Divorce along with specific findings of facts.

Bridge the Gap Alimony

Bridge the Gap Alimony cannot exceed 2 years and is normally only enough to get the receiving party back on their feet.

The Pensacola, Florida alimony lawyers at the law firm of Steven W. Bowden has extensive experience education including business, accounting, forensic accounting and economics. All of these tools make this firm uniquely able to delve through financial accounts, bank statements and credit card statements in order to present a true financial picture to the Judge for the determination of alimony. If you need alimony, this is critical. If you are paying alimony or the request has been made to pay alimony, it is critical for your attorney to understand your ability to pay and the recipient of the alimony's true needs. In order to accomplish this objective he has to understand accounting, economics and the overall tax ramifications to you.