Fort Lauderdale Divorce Lawyer Blog
Divorce attorney’s in Miami, Coral Gables, Hallandale, Plantation and other South Florida cities are preparing for a statutory overhaul regarding legislative modifications to the statute governing alimony. One of the most significant changes is the codification of bridge-the-gap alimony.
Bridge-the-gap alimony assists a party in making the transition from being married to being single. It assists a party with identifiable short term financial needs. A marital and family law judge may not award bridge-the-gap alimony for a period in excess of 2 years. Bridge-the-gap alimony terminates upon the death of either party or upon remarriage of the party that receives alimony. Last but not least, bridge-the-gap alimony is non-modifiable in amount or duration.
Another important change to alimony relates to rehabilitative alimony. Rehabilitative alimony assists a party in redeveloping previous skills or credentials. It also helps a spouse acquire education, training or work experience necessary to develop employment skills. In the Final Judgment of Dissolution of Marriage, the court must detail a defined rehabilitative plan. A party may modify or terminate rehabilitative based upon a substantial change in circumstances or compliance with the rehabilitative plan.
Next, durational alimony will be used by courts when permanent alimony is not appropriate but a party needs economic assistance for a period of time after a short or moderate term marriage. A recipient of durational alimony can not receive this alimony for a period of time that exceeds that of the marriage. While the length of durational alimony is non-modifiable absent exceptional circumstances, the amount can be modified once there has been a substantial change in circumstances. Durational alimony terminates upon the death of either party or if the recipient gets remarried.
Finally, permanent alimony can be awarded after a long or moderate term marriage. It is generally used to provide for the needs and necessities of life established during the marriage for a party who does not have the financial ability to meet his or her needs. An award of permanent alimony can be modified or terminated based upon a substantial change in circumstances or if the recipient is involved in a supportive relationship. Permanent alimony alimony terminates upon the death of either party or if the recipient gets remarried.