In 2010, Florida adopted a new alimony statute that clarified the previously conflicting case law on this subject. The statute provides that a court may award bridge the gap, rehabilitative, durational or permanent alimony or any combination of these. The court may consider the adultery of either spouse in determining whether to award alimony.
The court must first determine whether either party has a need for and an ability to pay alimony. Once this determination has been made, the court then can apply the following factors in determining the type and amount of alimony:
These are some big changes. Items g and h and I are new and item e has been reworded. Items 1, 2, 3, 4, 5, 6 and 10 are carried over unchanged from the prior statute. The biggest change in the new statute, however, has to do with the classification of marriages as short term, medium term and long term, as follows:
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