Alimony

Alimony is always a touchy subject filled with many issues and problems and these days it is even more touchy. Let’s first look at the types. You can get lump sum which means you take an agreed upon amount and that’s it. You can get lifetime which means every month you get money until you get married again or in some states co-habitate. Finally, there is rehabilitative. This type is if one party needs to return to school to get an education or get a job and the party will get some money until they get back on their feet. With this type the party has to have a specific and detailed plan of action. For example: I might say that I am enrolling in the local community college for a 2 yr program in nursing. I will be taking 2 classes a semester and will go year round so that I can finish in 2 yrs or less. 

Next, the type of alimony is then based on the number of years that a couple is together. In Florida, there is no magic number written in stone, but there are numbers of years that are used to make a rough determination.

Finally, alimony comes down to one last issue. Need v. Ability To Pay!!! The party requesting alimony must show a need and then the other party MUST have the ability to pay. Let me give you an example:

Don comes into mediation and has been married to Carol for 22 years. WOW! Sounds like lifetime alimony right? Sure! Now Don had a great job and was let go along with 1,000 others that got laid off. Carol is an RN but hasn’t worked in years and doesn’t want to return. She wants to still live the life she has been accustomed to with her 14 year old daughter. She wants Don to pay her lifetime alimony. The problem though is Don got a job and instead of making $2,500 a wk he is now making $750 a wk. The couple has a mortgage of $2,000/mo and living expenses totaling $4,000/mo. THERE IS NO MONEY even to live and pay the bills. There certainly is no ability to pay for alimony after Don pays his child support and so no alimony is awarded to Carol. 

This is a reality that is affecting many couples seeking divorce today and I am seeing this scenario play out over and over as I conduct mediation each day.

iChat Mediation invites you to come and learn more about having either your divorce conducted by one of our State Supreme Court Certified mediators or how you can become part of the most cutting edge virtual companies in the world. To learn more visit us online at http://www.ichatmediation.com or call us at 877-822-1479.

In the words of Lawton Chiles, “I didn’t come to stay, I came to make a difference.”