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Alimony is the most difficult aspect to predict in the divorce process. The judge has wide discretion in granting alimony. Unlike child support , there are no legal guidelines or mathematical formulas that the judge can apply for the calculation of alimony.

The court's decision that a party shall pay alimony to the other is based on two main factors: the need of the applicant’s for the financial aid and the other party's ability to pay. Other factors the court will consider, on a case by case basis, are

  • (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, including the non-marital and the marital assets and liabilities distributed to each.
  • (e) The earning capacities, educational levels, vocational skills, and employability of the parties and, 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) The responsibilities each party will have with regard to any minor children they have in common.
  • (h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
  • (i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
  • (j) Any other factor necessary to do equity and justice between the parties.

If granted alimony, may be in any of the following forms:

Temporary Alimony: It could be provided during the litigation process .

Permanent Alimony : Alimony is calculated based on the ability of a party to pay the pension and the need of the other to receive it. In general , the law promotes permanent alimony if the marriage lasted over 17 years.

Rehabilitative Alimony: Awarded to assist a party to function in the world by itself either through the acquisition of a skill or talent or improving an existing one.

"Bridge the Gap alimony": it is awarded to assist a party to make the transition from being married to being single. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony shall not be modifiable in amount or duration.

"Durational alimony" is generally awarded in marriages of short duration ( seven years or less ) or those of moderate duration ( marriages between 7 and 17 years ) . It cannot be granted for a period longer than marriage. It terminates if either party dies or if the recipient remarries. It can also be modified if a party shows that there was a substantial change in circumstances.

For Spanish, please visit us at: Pensión Alimenticia

Dana Pechersky is serving clients as a family law attorney in Broward and Miami-Dade counties, including Weston, Pembroke Pines, Plantation, Davie, Tamarac, Fort Lauderdale, Oakland Park, Lauderhill, Coconut Creek, Dania, Deerfield Beach, Everglades Parkway, Hallandale, Hollywood, Lauderdale Lakes, Pompano Beach, Miramar, Southwest Ranches, West Park, Miami Gardens, Hialeah, Coral Gables, Aventura, Miami Beach, North Miami Beach, Bal Harbour, Sunny Isles, Bay Harbor Islands, Biscayne Park, Doral, Key Biscayne, Miami Shores, Miami Lakes, Miami Springs, North Bay Village, Surfside, and Miami.
Dana Pechersky

by Dana Pechersky

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