Overview of Florida alimony.

• Author: Ho, Victoria M.

Alimony is one issue of several that arises in a marriage dissolution action. The flowchart at the end of this article is an aid to illustrate the interplay between equitable distribution and the several different types of alimony. Each type of alimony is suitable to a specific, appropriate situation. This flowchart intends to clarify the analytic process in determining whether alimony of any type is appropriate, and if so, which type or types.

Before any award of alimony can be ordered by the court, equitable distribution must take place. Once the assets have been equitably divided, the court has several choices with respect to alimony. The court can order permanent periodic alimony, lump-sum alimony, bridge-the-gap alimony, rehabilitative alimony, no alimony at all, or a combination of different alimony types.

Permanent, periodic alimony, although usually awarded to meet the needs of a dependent spouse, can also be used to balance the inequities that might result from property division in a final judgment. (1) Lump-sum alimony can also be used for this purpose. (2)

More commonly, alimony is used to provide support to the financially dependant spouse. Id. Alimony is based first on need and ability to pay, therefore an award of alimony is not appropriate when there is no need for support by the requesting spouse or when there is no ability to pay by the other spouse. The court must consider various factors when it determines need, such as the parties' earning ability, age, health, education, duration of marriage, standard of living enjoyed during the marriage, and the value of the parties' estates. Id. at 1201-02; F.S. [section] 61.08 (2002).

Other factors the court may consider are what the paying spouse is capable of earning and whether the requesting spouse is able to contribute to his or her own support; whether the requesting spouse's needs will be met through equitable distribution, and whether as a result of the marriage there was any harm done by the marriage itself to the requesting party's ability to earn enough to support himself or herself. (3) The concept of harm to the requesting spouse due to the marriage is also set forth in the American Law Institute, Principles of the Law of Family Dissolution: Analysis and Recommendations (2002), [section] 5.02.

The American Law Institute suggests a policy for compensatory payments rather than alimony. This is a payment to compensate the receiving spouse for loss of earning ability caused by the marriage. The American Law Institute proposes five bases for compensatory payments, including the loss in living standard experienced at dissolution by the spouse who has less wealth; an earning-capacity loss incurred during the marriage from one spouse's disproportionate share of the care of children or from the care provided to a sick, elderly, or disabled third party; the loss incurred when the marriage is dissolved before a spouse realizes a fair return from his or her investment in the other spouse's earning capacity; and an unfairly disproportionate disparity between the spouses in their abilities to recover their premarital standard of living after the dissolution of a short...