Posted by Nydia Streets of Streets Law in Florida Alimony
What are the different types of alimony that can be awarded in a Florida divorce? Bridge-the-gap, rehabilitative, durational and permanent alimony can be awarded. What type is awarded in a specific case depends on factors such as the length of the marriage, the age and health of both parties, and more. This was an issue in the case Ogle v. Ogle, 1D19-1709 (Fla. 1st DCA February 23, 2022).
The parties were married for 16 years by the time a petition for divorce was filed. After a trial, the court awarded the former wife durational alimony of 16 years in addition to bridge-the-gap alimony. A unique twist to this case was that the final judgment dissolving the parties’ marriage was entered in March 2018 and a later judgment entered stated the durational alimony would be payable for 16 years beginning in January 2019. The former husband appealed, arguing there was insufficient evidence to support the alimony awards and that they were otherwise erroneous.
The appellate court agreed with the former husband that there were insufficient findings regarding need and ability to pay: “Indeed, there are no findings at all regarding each spouse’s available financial resources, after accounting for their respective expenses. [. . .] Remand is necessary so that the trial court can set out specifically its calculations of net income for the parties and demonstrate how that net income is utilized to determine the amount of alimony and child support.” As to the bridge-the-gap alimony, the appellate court found this to be in error, holding “Vocational experts did testify that based on her education and lack of recent work experience, the former wife would need job training to help her secure a job and be self-supporting. This evidence, however, is relevant to rehabilitative alimony, not bridge-the-gap alimony. See § 61.08(6)(a), Fla. Stat. (providing for award of rehabilitative alimony ‘to assist a party in establishing the capacity for self-support,’ through development or redevelopment of ‘skills or credentials’). If the trial court intended to award rehabilitative alimony, it should address this in its order on remand and include in that order a description of the statutorily required ‘specific and defined rehabilitative plan.’ § 61.08(6)(b), Fla. Stat.”
The durational alimony amount was also set aside, with the court holding “There is also concern about the dates selected for the durational alimony. The trial court ordered the former husband to pay durational alimony for “sixteen (16) years, beginning on January 1, 2019 and terminating on December 31, 2035.” That start date likely is not correct because the marriage was dissolved in a prior judgment rendered March 6, 2018 (a point which we will come back to in a moment). In any event, the parties agree that the time frame comes out to be seventeen years, not the sixteen years that the marriage lasted. This period, of course, will need to be adjusted on remand.” By statute, durational alimony cannot exceed the length of the marriage.
The former husband also argued that he should be given a credit for temporary alimony paid. The appellate court disagreed with him on this point: “The trial court was correct to refuse a credit for the temporary alimony awarded up to the date of the dissolution (which, as promised earlier, we get to in the next paragraph). The alimony statutes do not authorize a credit for temporary spousal support paid by the payor spouse—a distinct, common-law type of alimony intended only for maintenance of a spouse during litigation—in its award of durational alimony, which, by contrast, is a statutory creation intended to assist the spouse following dissolution. In other words, there is no overlap (read: no double-counting) between the two types of support that could justify a credit: Common-law temporary support comes before dissolution, i.e., while the parties are still married; durational alimony, like the other three listed in section 61.08, takes effect only after dissolution.” The court additionally ruled that where the former husband was ordered to continue paying temporary support to the former wife after a judgment was entered in 2018 dissolving their marriage, this was error, because temporary support can only be paid while the parties are still married and divorce is pending. The court held “At all events, the interim support ordered post-marriage was the equivalent of an advance on one or more of those statutorily authorized forms of alimony. On remand, then, the trial court must make specific findings that explain why the interim support ordered after dissolution on March 6, 2018, was warranted, and it also must identify on what form of alimony the support was an advance.”
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