Articles Posted in Temporary support

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The Florida legislation is attempting to bring uniformity to the subject of alimony in Florida.

New legislation now objectively defines a marriage as short term, long term, and moderate term. If a marriage is 7 years or less, it is short term. If the marriage is 17 years or more, it is long term. Anywhere in between, it is a marriage of moderate length.

The length of the marriage is important, since the type of alimony available depends upon the length of the marriage.

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There has been much discussion in Florida regarding alimony reform, but it has not arrived just yet.

In order to understand the future of alimony, you have to be familiar with the current laws in Florida regarding alimony. Alimony is governed by Florida Statute 61.08. The initial step for a judge in deciding whether to award alimony or not is to first determine the need of one party versus the ability of the other party to meet that need.

1377964_tightened_100_dollar_roll_.jpgOnce that bridge has been crossed, the court will then decide on what type of alimony is appropriate under the specific facts of the case.

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In a case recently decided, a wife was awarded an astounding sum of $75,000.00 per month for temporary support for herself and her child. Stanton v. Stanton, 2D10-919 (2010).

The appellate court said this amount simply could not stand, as the amount was not supported by competent substantial evidence.

The trial court should consider the standard of living in addition to the need of one spouse and the other spouse’s ability to pay. de Gutierrez v. Gutierrez, 19 So.3d 1110, 1113 (Fla. 2d DCA 2009).