Can Men Get Alimony In Florida?
In Florida, the concept of alimony, also known as spousal support, has undergone significant changes over the years. It used to be that alimony was primarily awarded to women as men were traditionally considered the primary breadwinners. However, times have changed, and now more and more men are seeking alimony from their former spouses.
So, can men get alimony in Florida? The short answer is yes. Under Florida law, gender is not a factor when determining whether a spouse is entitled to receive alimony. Rather, the court will consider various factors in determining whether to award alimony and how much should be awarded.
The factors the court considers in awarding alimony in Florida are outlined in Florida Statutes § 61.08. These factors include:
- The length of the marriage
- The standard of living established during the marriage
- The age and physical and emotional condition of each party
- The financial resources of each party, including the nonmarital and marital assets and liabilities distributed to each
- 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
- 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
- The responsibilities each party will have concerning any minor children they have in common
- 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
- All sources of income available to either party, including income available to either party through investments of any asset held by that party
- Any other factor necessary to do equity and justice between the parties.
As you can see, the court considers a wide range of factors when determining whether to award alimony in Florida. These factors are not gender-specific, which means that men can certainly be awarded alimony if they meet the criteria.
One common misconception is that only men who earn less than their former spouse are eligible for alimony. This is simply not true. As the above factors indicate, a variety of factors are considered when determining whether to award alimony, including the earning capacity and vocational skills of both parties.
In fact, it is increasingly common for men to be awarded alimony in Florida. As more women enter the workforce and earn higher salaries, more men are becoming stay-at-home dads or working in lower-paying jobs. In these situations, men may be entitled to receive alimony to help them maintain the lifestyle they had during the marriage.
It’s important to note that alimony is not guaranteed in Florida. Rather, it is awarded on a case-by-case basis, and the amount and duration of alimony can vary widely depending on the circumstances of the case. For example, a short-term marriage may only result in a limited alimony award, while a long-term marriage may result in a more substantial award.
If you are a man who is considering seeking alimony from your former spouse, it’s important to speak with a family law attorney who can advise you on your rights and options. An attorney can help you understand the factors that the court will consider when determining whether to award alimony, as well as the likely amount and duration of any award.
It’s also important to keep in mind that alimony is not a form of punishment or revenge. Rather, it is intended to help both parties transition from married life to single life. Alimony can be a valuable resource for men who need financial support to get back on their feet after a divorce.
In addition, it’s worth noting that alimony in Florida is not always awarded in the form of monthly payments. There are several different types of alimony that the court may award, including:
- Bridge-the-gap alimony: This type of alimony is intended to help a spouse transition from married life to single life. It is typically awarded for a short period of time and cannot exceed two years.
- Rehabilitative alimony: This type of alimony is awarded to a spouse who needs financial assistance while they undergo training or education to improve their earning potential. The court will typically set a specific goal for the receiving spouse to achieve, such as completing a degree or certification program.
- Durational alimony: This type of alimony is awarded for a set period of time, and its duration cannot exceed the length of the marriage. It is typically awarded in cases where a longer-term form of alimony is not appropriate.
- Permanent alimony: This type of alimony is awarded in cases where one spouse is unable to support themselves at the standard of living established during the marriage. It is intended to provide ongoing support for the rest of the recipient’s life or until they remarry or pass away.
- Lump sum alimony: A one-time payment received following the final decree.
The type of alimony that is awarded will depend on the specific circumstances of the case. For example, a spouse who is already self-supporting may only be awarded bridge-the-gap alimony, while a spouse who has been out of the workforce for an extended period of time may be awarded rehabilitative or permanent alimony.
In addition to the above factors, the court may also consider any prenuptial or postnuptial agreements that the parties have entered into. These agreements can limit or waive alimony rights, so it’s important to review any agreements with an attorney before seeking alimony.
In conclusion, men can certainly be awarded alimony in Florida. The court will consider a wide range of factors when making an alimony determination, including the length of the marriage, the standard of living established during the marriage, and the financial resources and earning capacities of both parties. If you are a man who is seeking alimony, it’s important to speak with a family law attorney who can advise you on your rights and options. An attorney can help you understand the factors that the court will consider and can work to help you obtain a fair and reasonable alimony award. For persons living in Palm Beach, Martin, St. Lucie, Miaimi-Dade, Broward, Orange, or Hillsborough Counties in Florida, New York, or Washington DC, Attorney Grant Gisondo is board certified in Marital and Family Law and can help a man with alimony concerns. He offers a free, initial, in-office consultation. Please call his office at (561) 530-4568
To make an appointment. You can learn more about Attorney Gisondo and his law practice by visiting his website at https://gisondolaw.com/.