WHAT ALIMONY CAN BE AWARDED OTHER THAN PERMANENT ALIMONY?
A lot of people do not know that there are several types of spousal support (alimony) that a court can award. AND – they are not exclusive – the court can award several types – ALL to be paid at the same time.
Bridge the gap alimony is provided to help a party by providing support for the transition between being married and being single. It has a max length of 2 years. It cannot be modified in either amount or duration.
Durational Alimony
When permanent periodic alimony is inappropriate, durational alimony is awarded to provide the needy party with economic assistance for a set period of time following the short or medium length marriage. The set period of time is for the length of the marriage or less. The factors to be consider for durational alimony are the same factors listed above. The amount of duration alimony can be changed or modified upon a substantial change in circumstances, but the length can only be changed when there are exceptional circumstances.
Rehabilitative Alimony
Rehabilitative alimony is used to assist the spouse in becoming self supportive again. It presupposes a potential for self support that was not developed during the marriage because the party was running a household, or was lost during the marriage for the same reason. It is error to award this alimony if the rehabilitating spouse does not actually show a plan to be rehabilitated and to become self supportive again. Your Alimony Attorney in Tampa must present a rehabilitative plan, that is presented orally or in writing. Generally, this provides for an amount that is greater that permanent periodic alimony. It can be paid periodically, or in a lump sum. It terminates upon completion of the rehabilitation plan or noncompliance with the plan.
Lump-sum Alimony
Any of the awards of alimony listed above may be awarded in periodic payments or in a lump -sum distribution. A lump-sum distribution is kind of misleading, as a court can order lump sum distribution paid in installments. Lump-sum alimony gets really interesting in that it can be ordered as a vehicle to effect equitable distribution. So for example, if distribution of assets leaves one party “owing” money to the other party, your Tampa Divorce Lawyer may wish to have those payments ordered as lump-sum alimony in order to give the distribution “teeth”. In other words, ordering the payments as lump sum alimony will mean that if the other party does not comply with the other, the party not receiving the payments can seek contempt of court to enforce the payments.
If you find yourself in such a position it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.
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