LAARWT
ALIMONY
IN FLORIDA
By K. Dean Kantaras and Vanessa C. Fernandez
During proceedings for dissolution
of marriage, a trial court may
award alimony in accordance
with Florida Statute § 61.08.
The trial court may order a party to pay
alimony by periodic payments, lump sum
payments, or a combination of both. The
trial court may also consider the adultery
of either spouse in determining the amount
of alimony.
Pursuant to Florida Statute § 61.08 (2)
the trial court may consider various factors,
including but not limited to, the standard
of living established in the marriage, the
duration of the marriage, and the age,
physical, and emotional condition of the
party requesting alimony.
Furthermore, Florida Statute § 61.08
allows the trial court to award the following
types of alimony. The trial court may also
award a combination of these types of
alimony.
Bridge-the-gap alimony “may be
awarded to assist a party by providing
support to allow the party to make a
transition from being married to being
single.” This type of alimony award may
not exceed two years. (Fla. Stat. § 61.08(5).
Rehabilitative alimony may be awarded
to assist a party in establishing the capacity
for self-support through the redevelopment
K. Dean Kantaras, Esq.
126 TAMPA BAY MAGAZINE | NOVEMBER/DECEMBER 2020
has an actual need for alimony and whether
either party has the ability to pay alimony.”
These factual findings are necessary in a
final judgment for dissolution of marriage.
In 2016 the First District Court of
Appeals found that “the trial court’s
failure to include in the final judgment
the requisite findings of fact . . . constitutes
reversible error.” Abbott v. Abbott, 187 So.3d
326, (Fla. 1st DCA 2016). In Abbott, the trial
court failed to make findings of fact about
the former wife’s need for alimony and
the former husband’s ability to pay. The
First District Court of Appeals reversed
the trial court ruling due to the lack of
findings and their inability to review the
trial court’s decision. 9
EDITOR’S NOTE: K. Dean Kantaras is
the managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar.
He has been practicing for over 25 years and is
“AV” rated by Martindale-Hubbell. Vanessa
C. Fernandez is a third-year law student at the
University of Florida Levin College of Law.
She is a law clerk at the Kantaras firm. Their
offices are located at 3531 Alternate 19, Palm
Harbor, 34683, (727) 781-0000 and 1930 East
Bay Drive, Largo, 33771, kantaraslaw.com.
of previous skills or credentials or through
education and training to develop certain
skills or credentials. (Fla. Stat. § 61.08(6).
Durational alimony may be awarded to
a party needing “economic assistance for a
set period of time following a marriage of
short or moderate duration or following
a marriage of long duration if there is no
ongoing need for support.” (Fla. Stat. §
61.08(7).
Finally, “permanent alimony may be
awarded to provide for the needs and
necessities of life as they were established
during the marriage of the parties for a
party who lacks the financial ability to
meet his or her needs and necessities.”
(Fla. Stat. § 61.08(8).
Florida Statute § 61.08(2) requires a
trial court to make “a specific factual
determination as to whether either party
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