Understanding Alimony in Florida: Types, Factors, and Recent Law Changes

Introduction

Alimony, also known as spousal support, is financial assistance that one spouse may be required to pay to the other after a divorce. In Florida, alimony is awarded based on a variety of factors, including the length of the marriage, the financial needs of one spouse, and the other spouse’s ability to pay. Florida recently eliminated permanent alimony and made significant changes to how alimony is calculated.

This guide explains the different types of alimony in Florida, the factors courts consider when awarding support, and how recent legal changes impact divorce settlements.

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Types of Alimony in Florida

Florida law recognizes several types of alimony, depending on the financial circumstances of both spouses and the duration of the marriage. The court may award one or a combination of these types:

1. Temporary Alimony

• Provides support while the divorce is pending.
• Ends once the divorce is finalized and a permanent alimony arrangement is determined.

2. Bridge-the-Gap Alimony

• Helps a spouse transition from married life to single life.
• Can last for up to two years and is non-modifiable once awarded.
• Designed to cover short-term financial needs, such as securing housing or paying for necessary expenses after divorce.

3. Rehabilitative Alimony

• Supports a spouse who needs education, training, or job skills to become self-sufficient.
• Requires a specific rehabilitation plan, such as completing a degree or certification program.
• Can be modified or terminated if circumstances change or the receiving spouse fails to follow the plan.

4. Durational Alimony

• Provides support for a set period of time, but cannot exceed the length of the marriage.
• Used in moderate- to long-term marriages where permanent support is not appropriate.
• The amount can be modified, but the length of time is non-modifiable except under exceptional circumstances.

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Recent Changes to Florida Alimony Laws

In July 2023, Florida enacted significant changes to its alimony laws, eliminating permanent alimony and modifying how courts determine support. Key changes include:

• Elimination of Permanent Alimony: Courts can no longer award lifetime spousal support, ensuring that alimony is temporary and based on financial need.
• Caps on Durational Alimony: Durational alimony cannot exceed 50% of the length of a short-term marriage, 60% of a moderate-term marriage, and 75% of a long-term marriage.
• Retirement Considerations: Paying spouses can request alimony modifications upon reaching reasonable retirement age, potentially reducing or terminating payments.
• Burden of Proof: The spouse requesting alimony must demonstrate financial need, and the paying spouse must have the ability to pay.

These changes reflect Florida’s shift toward limiting long-term financial dependency and encouraging self-sufficiencyafter divorce.

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How Courts Determine Alimony in Florida

Alimony is not automatically awarded in every divorce. Florida courts consider multiple factors when determining whether to award alimony and in what amount, including:

1. The duration of the marriage
   • Short-term: Less than 10 years
   • Moderate-term: Between 10 and 20 years
   • Long-term: More than 20 years
   • Longer marriages are more likely to result in alimony awards.
2. The financial need of one spouse and the ability of the other spouse to pay
3. The standard of living during the marriage
   • Courts aim to maintain a similar lifestyle for the lower-earning spouse, within reason.
4. Each spouse’s age and health
   • If a spouse is elderly or has health issues that limit their ability to work, they may receive longer-term support.
5. Contributions to the marriage
   • This includes homemaking, child-rearing, and supporting the other spouse’s career.
6. Earning capacity and employability
   • A spouse who is unemployed or underemployed may receive rehabilitative alimony to allow time to gain employment skills.
7. Child custody responsibilities
   • If one parent has primary custody, alimony may be adjusted to reflect caregiving duties.
8. Any other factor the court deems relevant
   • Judges have discretion to consider unique financial or personal circumstances.

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Can Alimony Be Modified or Terminated?

Yes, in many cases, alimony can be modified or terminated if circumstances change. Common reasons for modification include:

• Retirement of the paying spouse
• Significant change in income of either party
• Cohabitation: If the receiving spouse moves in with a new partner in a supportive relationship, alimony may be reduced or eliminated.
• Failure to follow a rehabilitative plan

However, bridge-the-gap alimony and the duration of durational alimony cannot be modified once awarded.

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Protecting Your Financial Interests in an Alimony Dispute

If you are seeking or contesting alimony, consider these steps:

1. Gather Financial Records: Provide tax returns, bank statements, pay stubs, and documentation of living expenses.
2. Demonstrate Financial Need or Ability to Pay: If requesting alimony, show why support is necessary. If contesting, present evidence of financial limitations.
3. Understand the Legal Standards: The burden of proof falls on the spouse requesting alimony.
4. Consult an Experienced Family Law Attorney: Legal guidance ensures that you receive a fair alimony arrangement or are not required to pay excessive support.

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How a Family Law Attorney Can Help

A family law attorney can assist with:

• Negotiating alimony settlements to avoid prolonged litigation.
• Representing clients in court to argue for or against alimony awards.
• Modifying alimony agreements when financial circumstances change.
• Protecting assets and income during divorce negotiations.

At Bonderud Law, we help clients navigate Florida’s evolving alimony laws to ensure fair outcomes. If you need assistance with alimony in your divorce case, contact us today for a free consultation.

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Conclusion

Florida’s alimony laws have changed significantly, eliminating permanent alimony and limiting durational support. Courts now focus on financial need, the length of the marriage, and each spouse’s earning ability when determining alimony awards. Understanding the new legal framework is essential for anyone going through a divorce.

If you are seeking or contesting alimony, working with an experienced family law attorney can help protect your financial future and ensure a fair settlement.