Alimony
Determining Alimony In Florida
Spousal support, or alimony, takes various forms and is primarily determined by the lesser-earning spouse’s need for financial assistance beyond their own income. However, a court can only order alimony if the higher-earning spouse has the financial ability to pay after covering their own reasonable needs. In divorce cases, it is unlikely that either spouse will be able to maintain the same standard of living they enjoyed while sharing income to support a single household. These competing financial needs can create difficult circumstances for both parties. To effectively present your case, it’s crucial to have family lawyers who can navigate these challenges.
The type and amount of alimony a court may grant depend on several factors, including:
- The length of the marriage
- The standard of living established during the marriage
- The age and health of both parties
- Whether one spouse contributed primarily as a homemaker or caregiver while the other focused on career advancement
- Each spouse’s education, vocational skills, and employability
- The income available to each spouse, including wages and/or investments
- Whether the homemaking spouse has ongoing responsibilities for minor children that affect their ability to work full-time
After determining whether there is a need and the ability to pay, all of these factors help guide the judge’s decision on whether alimony should be awarded.
If you or a loved one need help with alimony related issues, please call Florida Family Law, PLLC, right now!
Types Of Florida Alimony
Please see the following types of Florida Alimony:
- Temporary Alimony: This type of alimony can be granted to support a spouse during the divorce proceedings until the case is resolved, either through mediation or trial. This type of alimony will almost always only be awarded to the lower earning spouse.* Having said that, there is no guarantee the lower earning spouse will receive this type of alimony.
- Bridge-the-Gap Alimony: This is awarded for short-term, identifiable needs to help a spouse transition from married to single life. It is typically limited to a maximum of two years and is most often used in marriages lasting less than three years.
- Rehabilitative Alimony: This type of alimony helps a spouse develop the skills or education necessary to become self-supporting. It is meant to support the party while they gain training, experience, or education to improve their employment prospects.
- Durational Alimony: The most common form of alimony, durational alimony provides financial assistance for a set period of time. It is generally awarded when the marriage lasts longer than three years.
- Permanent Alimony: As of July 1, 2023, Florida abolished permanent alimony. However, in certain exceptional cases, such as when the recipient cannot support themselves, durational alimony may be extended indefinitely.
Impact of Length Of Marriage On Alimony
Yes, the length of your marriage does influence alimony determinations. Florida law classifies marriages into three categories based on their duration: short-term, moderate-term, and long-term.
Please see the following identified classifications below:
- Short-term Marriage: A marriage lasting less than 10 years. If durational alimony is awarded, it cannot exceed 50% of the length of the marriage.
- Moderate-term Marriage: A marriage lasting between 10 and 20 years. In these cases, any durational alimony awarded cannot exceed 60% of the marriage’s duration.
- Long-term Marriage: A marriage lasting 20 years or more. In these marriages, the maximum duration for alimony payments cannot exceed 75% of the length of the marriage.