Alimony (Florida Bar Exam)

If you read through the released Family Law essays on the Florida Board's website, one issue that you'll see repeated quite often throughout those essays is alimony. It's a straight-forward issue but there's a lot to remember and so knowing it well can earn you many points. In Florida, there are multiple types of alimony, each serving a different function. 

Alimony Pendente Lite: This type of alimony is available only during the pendency of litigation for dissolution of marriage. 

Bridge the Gap Alimony: Alimony might be required to assist in the transition from being married to being single and that's where bridge-the-gap alimony might come in. It's short-term and available only for identifiable needs. It may not exceed 2 years and may not be modified. It'll terminate on the death of either party or upon remarriage of the recipient of the alimony.

Rehabilitative Alimony: This type of alimony is awarded to assist a party in becoming self-supporting; it's limited in amount and must include a termination date. It may be modified or terminated upon a substantial change in circumstances or upon completion of the plan for rehabilitation. 

Durational Alimony: Durational alimony provides economic assistance for a set period of time and is awarded when permanent alimony (see below) is inappropriate because the marriage was for a short duration (less than 7 years) or moderate duration (between 7 years and 17 years). It also might be awarded after long-term marriages (longer than 17 years) if there is no need for permanent alimony. As with rehabilitative alimony, durational alimony terminates upon the death of either party or upon remarriage of the recipient. The amount can be modified if there is a substantial change in circumstances, but the length of the award may not be modified other than in exceptional circumstances. In no case may durational alimony extend beyond the length of the marriage. 

Permanent Alimony: Permanent alimony provides for the needs of a party who lacks the financial ability to meet his or her needs following dissolution of marriage. It's appropriate after long-term marriage. It might be available after moderately-long marriages but is only available after short-term marriages in exceptional circumstances. A court-awarded permanent alimony must include a finding that no other form of alimony is fair and reasonable. Permanent alimony terminates on the death of either party or upon remarriage of the recipient and may be modified or terminated if there is a substantial change in circumstances. 

It's worth noting that, procedurally, alimony decrees are entitled to full faith and credit only if they are final and non-modifiable (such as with bridge-the-gap alimony).