One scenario many people think of when they think of alimony is a husband who was supported by his wife through the long process of medical school or low-paying jobs while he is working his way up the career ladder, only to divorce her for a younger woman once he reaches the pinnacle of his success.
Alimony is not always awarded in any situation – it’s determined on a case by case basis. However, in a situation such as the one described, a Florida divorce court is likely to award alimony, especially if the spouse who earned the degree now has a higher income than the supporting spouse.
In Florida, there are six types of alimony – permanent, rehabilitative, durational, bridge-the-gap, temporary and lump sum. There are also a variety of factors that courts will consider in deciding to award alimony, including the earning capacities of each spouse, the standard of living during the marriage, how long the marriage lasted, and the contribution of each party to the marriage.
In a situation like the one described, a court may be likely to award permanent alimony, depending on the length of the marriage. Permanent alimony is designed to allow a spouse to continue living in the same standard of living that was enjoyed during the marriage, particularly if the spouse has a lower earning potential.
Permanent alimony lasts until either spouse dies or the recipient spouse remarries, and can also be modified or terminated if the recipient lives with an unrelated individual in a supportive relationship. If a court chose not to award permanent alimony in the situation described, it would probably award another type of alimony, which may be designed to allow the recipient spouse to have some economic assistance for a set period of time, such as while going back to school.