Florida Appeals Court Issues Decision on Rehabilitative Alimony
A recent Florida District Court of Appeal decision considered a divorce order and reversed a grant of alimony (spousal support) due to the trial court's failure to limit its duration.

December 08, 2011 /24-7PressRelease/ -- Determination of spousal support (alimony) is every bit as important in some divorces as issues surrounding property division, child support, child custody and parenting plans. Like every legal issue presented by marital dissolution, alimony determinations have a firm basis in Florida's family law statutes as well as the judicial opinions that interpret the law.

A recent Florida District Court of Appeal decision considered a final judgment of marital dissolution issued by the Lee County Circuit Court at the end of a seven-year marriage. The divorce order provided for an equitable distribution of the couple's marital assets and debt, detailed child custody and visitation schedules, and awarded spousal and child support to the mother. The trial court also ordered the husband to pay his ex-wife's attorney fees and costs.

On appeal, the former husband challenged the trial court's rulings with respect to parenting of the couple's child, limitations placed on his visitation with the child, and the awards of alimony and legal fees. While the appellate panel affirmed all other aspects of the lower court's judgment, it reversed the grant of alimony and remanded the case for further proceedings.

Temporary and Permanent Alimony: What Are the Differences?

The trial court awarded "rehabilitative" alimony of $3500 per month to the wife so she could complete her education as a teacher. The Court of Appeal noted that the record revealed a factual dispute regarding the necessary duration of alimony, but pointed out that the divorce court's final judgment failed to indicate an end date for spousal support payments.

Florida's dissolution of marriage statutes allows courts to grant alimony in periodic payments or a lump sum to either the husband or wife for four basic reasons:
- Bridge-the-gap alimony is intended to help a person meet short-term needs during the transition from marriage to single life. This type of spousal support cannot last longer than two years and cannot be modified in duration or amount, but terminates upon remarriage of the recipient.
- Rehabilitative alimony can be awarded to help an individual establish his or her capacity for self support through training, education, professional experience or redevelopment of skills or credentials. It must be based on a "specific and defined rehabilitative plan," and can be terminated or modified based on a substantial change in circumstances.
- Durational alimony can be granted by the court to provide one ex-spouse with economic assistance for a set period of time following a marriage of short duration (less than 7 years) or moderate duration (7 to 17 years), or following a marriage of long duration (greater than 17 years) if there is no demonstrated need for support on a permanent basis. In general, the amount of support is more easily modified than the duration (which cannot exceed the length of the marriage), and it terminates upon remarriage.
- Permanent alimony may be awarded to provide for a party who lacks the financial ability to meet his or her "needs and necessities of life" following divorce, based in part on the financial means and lifestyle of the couple during the marriage. Permanent spousal support can be awarded following a marriage of long duration based on such factors as age, responsibilities for children, and the earning capacities of each party, but it can also be awarded after marriages of short and moderate duration under certain circumstances. It automatically terminates upon remarriage of the recipient, and can be modified based on a substantial change in circumstances.

Based on the trial court's failure to define the duration of rehabilitative alimony, the appellate court reversed the lower court's judgment with respect to the award of alimony and remanded the case for reconsideration of the issue. The court cited a well-established principle from previous Florida family law appeals: "It is error to fail to set a termination date for the payment of rehabilitative alimony."

A Florida Divorce Lawyer Can Represent Clients in Negotiations, at Trial and on Appeal

Any divorce-related dispute can become a protracted legal challenge if the parties fail to come to an amicable agreement about crucial issues. Even in this case, which eventually turned on a very minor point of law that will be easily rectified on remand, the delay has likely meant a denial of a sense of closure to both parties.

A family law attorney's experience with Florida civil procedure rules and attention to detail can help ensure that all relevant issues are resolved as required at trial. Just as important, dedicated counsel will stand by a client until the wheels of justice grind to a halt.

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