Sandy T. Fox Divorce Law Blog on Lawyers.com

Opinion Released April 9, 2008

Issue: Did the trial court err as a matter of law and fact in awarding the wife bridge-the-gap alimony and failing to award the appropriate amount of permanent periodic alimony? YES

Facts: The Husband and Wife appeared for trial during their divorce in Miami, Florida.  The parties were married for fourteen (14) years and had two children who were approximately seventeen (17) and fifteen (15) years old.  The Wife was designated as the primary residential parent of the minor children.  The evidence established that the husband earned significantly more than the wife and that the wife's income would not substantially increase, while the husband's would not substantially decrease.  The Wife had needs of $500.00 per month.  The trial court awarded the wife $500.00 per month in bridge-the-gap alimony for six (6) years  instead of permanent alimoney, and $1.00 per month in permanent alimony.

Rule:  Bridge-the-gap alimony is appropriate only when the evidence suggests that the wife could be rehabilitated to a financial stature that would permit her to become self-supporting.

Analysis:       The record was absent of any evidence to indicate that the wife would become self-supporting at the end of the six (6) years.  In addition, at the conclusion of the six (6) years of bridge-the-gap alimony, the wife will be unable to sustain the standard of living the parties established during the marriage.

Conclusion: The trial court abused its discretion in failing to award the wife permanent alimony.  The Third District Court of Appeal reversed the bridge-the-gap alimony award and remanded with instructions to redesignate the $500.00 per month as permanent periodic alimony.

About Sandy T Fox:  As a successful Miami Dade County divorce lawyer, Mr. Fox is a member of the Broward County and Miami-Dade Bar Associations and the Family Law Section of the Florida Bar.