Florida Statute § 61.08 lists the factors which a court will consider in deciding whether to grant alimony in a Florida divorce proceeding. Section 61.08(1) provides that these factors are to be considered by the court in awarding all forms of alimony, including “bridge the gap, rehabilitative, durational or permanent in nature or any combinations of these forms of alimony.” Section 61.08(2) provides in relevant part that the “court shall consider all relevant factors,” including but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) 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.
(f) 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.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) 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.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
Section 61.08(2)(b) above requires the trial court to consider the length, or duration, of the parties’ marriage in deciding whether to award alimony. In de Gutierrez v. Gutieerez, 19 So.3d 1110, 1113 (Fla. 2d DCA 2009), Florida’ Second District Court of Appeal held that to the extent the trial court denied the wife’s request for temporary alimony based on the parties’ short term marriage, “this factor standing alone does not justify the trial court’s ruling.” Although the court can and should consider the duration of the marriage when deciding to award temporary alimony, the length of the marriage, by itself cannot be the basis for denial. Id.; see also, Littlejohn v. Littlejohn, 495 So.2d 271 (Fla. 2d DCA 1986)(holding that even though the parties’ marriage of 6 and ½ years constituted a short term marriage, this factor standing alone, could not justify the denial of temporary alimony).
Another important factor for the court to consider is the financial resources of each party. Fla. Stat. § 61.08(2)(d). The Fourth District considered this issue in Byers v. Byers, 910 So.2d 336 (Fla. 4th DCA 2005). In Byers, the Fourth District reversed the trial court’s decision denying the wife temporary alimony. Id. at 343. According to the evidence presented at trial, the wife had no income of her own and was forced to invade her investments for support. Id.
In a prior post, I discussed the “standard of living” factor Florida courts consider when deciding to grant temporary alimony. In Jaffy v. Jaffy, 965 So.2d 825, 828 (Fla. 4th DCA 2007), the Fourth District recognized that while standard of living is a relevant factor, “the standard of living during marriage is not a super factor trumping all other factors in awarding alimony.” Parties seeking temporary alimony in a divorce, or any other form of alimony, should therefore consider all factors when asking a court to award temporary alimony.
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Below are additional posts on Florida divorce law:
What are Florida’s Residency Requirements for a Divorce?
Temporary Alimony in Florida (Part 1): Maintaining a Standard of Living.
Understanding Equitable Distribution in a Florida Divorce.