Alimony in Florida

Alimony is a court-ordered payment from one spouse to the other to provide financial support following separation or divorce. Its purpose is to address disparities in income and prevent unfair economic consequences resulting from the dissolution of marriage.

What constitutes a short-term, moderate-term, or long-term marriage, and what rights does a spouse have under the law? Until recently, courts across Florida had varying interpretations of these questions. However, the legislature has now established clear definitions:

• Short-term marriage – A marriage lasting less than 10 years.
• Moderate-term marriage – A marriage lasting more than 10 years but less than 20 years.
• Long-term marriage – A marriage lasting 20 years or more.

For legal purposes, the duration of a marriage is measured from the date of marriage to the date a petition for dissolution of marriage is filed.

Types of Alimony in Florida and their purpose:

Bridge-the-Gap Alimony may be awarded to help a spouse transition from marriage to single life by addressing identifiable short-term financial needs. This type of alimony:

• It cannot exceed two years in duration.
• Terminates upon the death of either party or the remarriage of the recipient.
• It cannot be modified in amount or duration.

Rehabilitative Alimony is intended to assist a spouse in becoming self-sufficient by redeveloping previous skills or credentials or acquiring education, training, or work experience necessary for suitable employment.

• To receive rehabilitative alimony, a specific and defined rehabilitative plan must be included in the court order.
• The length of an award of rehabilitative alimony may not exceed 5 years.
• This alimony may be modified or terminated if:
  • There is a substantial change in circumstances, or
  • upon noncompliance with the rehabilitative plan, or
  • upon completion of the rehabilitative plan if the plan is completed before the length of the award of rehabilitative alimony expires.

Durational Alimony may be awarded when permanent periodic alimony is not appropriate and is designed to provide financial assistance for a fixed period after a short or moderate-term marriage. This type of alimony:

• Durational alimony may be awarded to provide a party with economic assistance for a set period of time.
• Terminates upon the death of either party or the remarriage of the recipient.
• Durational alimony may not be awarded following a marriage lasting less than 3 years.

• Duration: An award of durational alimony may not exceed:
  • 50 percent of the length of a short-term marriage,
  • 60 percent of the length of a moderate-term marriage, or
  • 75 percent of the length of a long-term marriage

• Only under exceptional circumstances can the court extend the term of durational alimony, generally if the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered or will render him or her incapable of self-support.
• Amount: The amount of durational alimony is the amount determined to be the obligee’s reasonable need or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.
• The amount of durational alimony may be modified or terminated based upon a substantial change in circumstances.

Permanent Alimony is no longer recognized under Florida law as of the revision of the statute in July 2023 for all new cases.  

Need and Ability Analysis:

A key factor in the alimony analysis is each party’s financial resources. Accordingly, the Court must first determine whether either party has a genuine need for alimony and whether the other has the ability to pay. If the Court finds that neither party has a need or that neither has the ability to pay, alimony shall not be awarded. However, if one party demonstrates a need and the other has the ability to pay, the Court will then consider the appropriate type and amount of alimony.

In making this determination, the Court evaluates all relevant factors, including but not limited to:

• The standard of living established during the marriage,
• The duration of the marriage,
• The age, physical, and emotional condition of each party,
• The financial resources of each party, including marital and nonmarital assets and liabilities,
• Each party’s earning capacity, educational background, vocational skills, and employability, as well as the time required for a party to obtain necessary education or training,
• Each party’s contributions to the marriage, including homemaking, childcare, education, and career support,
• The responsibilities each party will have regarding any minor children,
• The tax implications of any alimony award, including whether payments are taxable or deductible,
• All sources of income available to either party, including income from investments, and
• Any other factors necessary to achieve equity and justice between the parties.

This structured approach ensures a fair and comprehensive evaluation of alimony.

Florida’s law on alimony is not easy, and it has difficult rules and procedures. Do not do it alone. I always offer a free consultation. There is no better way than sitting down face-to-face with me to learn what your rights are and to get what you deserve. If you are reading this, I am sure you know someone, a friend, or a family member who has a horror story regarding their own experience. You should always consult an attorney who practices Divorce and Family law routinely. I do not practice criminal law, elder law, or many other types of law. I am a Florida Divorce and Family Law attorney who understands the laws completely because I handle family law matters on a regular basis. I will always listen compassionately and attentively to your needs and concerns and provide you with the right family law advice for your particular case.