Florida Rehabilitative Alimony Plan

The court will not order rehabilitative alimony unless there is a particularized Florida rehabilitative alimony plan. To establish the needing party’s ability to be self-supportive, a plan allows for the renewal and redevelopment of job and career skills that the party once possessed. If the party did not work at any time, other arrangements will be made to accommodate even entry-level skills development.

The plan also includes, as you might have just wondered after reading the first part, the opportunity to obtain an education to refresh, refurbish, or acquire the skills necessary to participate in the workforce in a meaningful manner. Modifying alimony is a challenging thing to do from a legal perspective.

Unlike bridge the gap alimony, Florida rehabilitative alimony may be changed or ended if there is either the noncompliance (refusal to participate or choice to ignore the plan) of the needing party, or a substantial change in circumstances. A substantial change in circumstances is legal terminology, which in this case can mean the party has found a good job already. Or, perhaps, they only needed a few credits to graduate and have done so quickly, or any other significant change that may have been unanticipated at the time of the award of rehabilitative alimony.

Read on about other types of Florida alimony: Women pay alimony too! Alimony pendente lite, Short term alimony, Bridge-the-gap alimony, Durational alimony, Florida alimony factors, and Permanent alimony. Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont Florida ready to take your call.

Short Term Alimony in Florida: What’s Available After a Shorter Marriage

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If your marriage lasted only a few years, can you receive alimony in Florida? If you are the higher income earner, how exposed are you? Florida’s current alimony Statute 61.08 draws sharp lines based on the length of the marriage. Under today’s laws regarding spousal support, a short-term marriage is defined as a marriage lasting less than 10 years. The length of marriage is measured from the date of marriage to the date the divorce petition is filed. Call Jacobs Law Firm, your Orlando and Clermont alimony attorneys, at 407-335-8113 to find out where your marriage falls and what it means for support.

Alimony Options After a Short-Term Marriage

A shorter marriage limits, but does not eliminate the opportunity to seek and received alimony. The forms of support most relevant after a short-term marriage are:

Temporary alimony (also referred to as pendente lite). Support during the divorce itself (called suit money), is available in marriages of any length. This is available to ensure the financially dependent spouse can maintain stability while the case is pending. It ends at final judgment and likely with a more substantial award.

Bridge-the-gap alimony. Bridge-the-gap alimony is short-term financial help for spouses transitioning from married to single life. In real-life practical terms, it covers identifiable, short-term needs like a security deposit for a rental apartment, a vehicle, or living expenses while securing employment. It is capped at two years and cannot be modified.

Rehabilitative alimony. Support tied to a concrete written plan to redevelop earning capacity by finishing a degree, obtaining a license or certification, or retraining for a lateral job move. It is capped at five years and requires a specific, defined plan that should be included with the marital settlement.

Durational alimony. This is where marriage length hits the hardest. Durational alimony is not available for marriages under 3 years. For short-term marriages of 3 to under 10 years, a durational award generally may not exceed 50% of the length of the marriage. For example, a 6-year marriage caps durational alimony at roughly 3 years. The amount is further limited to the recipient’s reasonable need or 35% of the difference in the parties’ net incomes, whichever is less. Sometimes shrewd litigators will ask for the maximum without justification.

Need and Ability to Pay Still Come First

No form of alimony is automatically awarded. The spouse requesting support must prove an actual need, and that the other spouse has the ability to pay, before the court even reaches the question of type, amount, and duration. In shorter marriages, courts also look hard at the standard of living, what each spouse contributed, whether one spouse sacrificed career opportunities, and each spouse’s realistic earning capacity going forward. A two-income marriage of five years with no children looks very different from a seven-year marriage where one spouse left the workforce to raise a child.

Strategy for Payors and Recipients

For potential recipients, the key is specificity: courts respond to documented transition costs and concrete rehabilitative plans, not generalized requests which can be viewed as overreaching. For potential payors, the statutory caps provide real protection. This is why it is important to cause the other side to meet its burden of proof and ensures any award is properly structured and supported by written findings. In many short-term marriage divorces, alimony is resolved by negotiation, sometimes as a modest lump sum in exchange for finality, which can be cheaper than litigating. A bird in the hand philosophy here.

Talk to a Florida Alimony Attorney

Whether you are seeking support after a shorter marriage or defending against a claim you believe is excessive, the current statute gives both sides clearer rules than ever before. Call Jacobs Law Firm at 407-335-8113 or e-mail admin@jjlawfl.com. We represent clients in Orlando, Winter Park, Clermont, and throughout Central Florida, and we offer flat fee and payment plan options in qualifying cases.