Alimony
Often times, after hearing about Hollywood divorces on TV, clients ask about alimony and the likelihood of an order for alimony in their case. Florida Statute 61.08 governs the issue:
(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party,
which alimony may be rehabilitative or permanent in nature. In any award of alimony, the
court may order periodic payments or payments in lump sum or both. The court
may consider the adultery of either spouse and the circumstances thereof in
determining the amount of alimony, if any, to be awarded. In all dissolution actions, the
court shall include findings of fact relative to the factors enumerated in subsection (2)
supporting an award or denial of alimony.
(2) In determining a proper award of alimony or maintenance, the court shall consider all
relevant economic factors, including but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the nonmarital and the marital assets and
liabilities distributed to each.
(e) When applicable, the time necessary for either party to acquire sufficient education
or training to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to,
services rendered in homemaking, child care, education, and career building of the
other party.
(g) All sources of income available to either party.
The court may consider any other factor necessary to do equity and justice between the
parties.
(3) To the extent necessary to protect an award of alimony, the court may order any party
who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond,
or to otherwise secure such alimony award with any other assets which may be suitable
for that purpose.
(4) (a) With respect to any order requiring the payment of alimony entered on or after
January 1, 1985, unless the provisions of paragraph (c) or paragraph (d) apply, the
court shall direct in the order that the payments of alimony be made through the
appropriate depository as provided in s. 61.181.
(b) With respect to any order requiring the payment of alimony entered before January
1, 1985, upon the subsequent appearance, on or after that date, of one or both
parties before the court having jurisdiction for the purpose of modifying or
enforcing the order or in any other proceeding related to the order, or upon the
application of either party, unless the provisions of paragraph (c) or paragraph (d)
apply, the court shall modify the terms of the order as necessary to direct that
payments of alimony be made through the appropriate depository as provided in
s.61.181.
(c) If there is no minor child, alimony payments need not be directed through the
depository.
(d) 1. If there is a minor child of the parties and both parties so request, the court
may order that alimony payments need not be directed through the
depository. In this case, the order of support shall provide, or be deemed to
provide, that either party may subsequently apply to the depository to
require that payments be made through the depository. The court shall
provide a copy of the order to the depository.
2. If the provisions of subparagraph 1. apply, either party may subsequently file
with the depository an affidavit alleging default or arrearages in payment and
stating that the party wishes to initiate participation in the depository
program.
The party shall provide copies of the affidavit to the court and the other party
or parties. Fifteen days after receipt of the affidavit, the depository shall
notify all parties that future payments shall be directed to the depository.
3. In IV-D cases, the IV-D agency shall have the same rights as the obligee in
requesting that payments be made through the depository.