In Florida, there are five different types of spousal support that courts can award during a divorce. However, couples can also make their childcare agreement. It is only when disagreements arise that the judge intervenes and decides which of these types of support, if any, to apply.
Florida courts assume that every marriage has two spouses, each enjoying the same standard of living. After the end of that marriage, the spouse with higher earning power is obligated to maintain that standard of living for the other spouse (rather than dropping the other spouse to a lower standard of living and possibly seeking government resources and assistance).
Temporary Spousal Support
Spousal support is provided to the low-income spouse to see them through the divorce process. If the low-income spouse can demonstrate need and the other spouse has the means, the court may order this type of assistance.
However, once the divorce is finalized, the temporary support ends.
Bridge the gap support
Florida is one of the few states that provide this type of assistance. Spousal support to bridge the gap is designed to help the lower-income spouse bridge the gap between married and divorced life.
This type of support can last as little as two years and is typically sought when, for example, awaiting the sale of the family home or seeking full-time employment. At the end of the two years, or if the sponsored spouse remarries, the bridge-the-gap support ends and no further alimony is due.
rehabilitation support
Probably the most common type of support in Florida — and throughout the United States — is to allow the lower-income spouse to become fully self-sufficient through retraining, education, or career advancement.
The party seeking rehabilitation support has the onus of proving a rehabilitation plan, including cost, duration, and how that plan will ultimately result in that spouse becoming self-sufficient. Although the plan should include an estimate of how long the support will be needed, rehabilitative support is not strictly limited to a specific period of time.
Lasting support
Perpetual spousal support is a relatively new category of support in Florida that provides support for a set period of time. This period is subject to review and change by the court (but only in extreme circumstances) and cannot exceed the duration of the marriage.
An example of when this type of support may be appropriate is when the children of the marriage are under the age of 18 at the time of the divorce. The lower-income spouse can apply for permanent support for several years until all children turn 18 and can then return to full-time work.
Permanent spousal support
Perpetual spousal support is rare in Florida.
To qualify for permanent support, the marriage must have lasted more than 17 years – barring certain circumstances such as a spouse’s disability or caring for a disabled child – and the spouse seeking support must show that it is difficult to take care of yourself.
In Florida, there is a rebuttable presumption that permanent spousal support should not be granted for marriages less than seven years old and marriages longer than 17 years old.
In a long-term marriage, the dependent spouse can rebut the presumption that maintenance is reasonable by demonstrating the other spouse’s ability or ability to maintain his or her standard of living without maintenance.
The Florida legislature recently passed legislation ending permanent child support payments in the state, but the governor vetoed the law in June 2022.
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