Florida Alimony Guide: Types, Factors, and Recent Law Changes
Florida law provides for several types of alimony to help a spouse transition financially after a divorce. The court will consider a variety of factors ...
Key Takeaways
- Florida law recognizes several types of alimony, each designed to meet a specific need:
- To determine whether to award alimony, Florida courts must consider all relevant factors, including:
- To modify an alimony order in Florida, you must show a "substantial change in circumstances." This could include:
Florida law provides for several types of alimony to help a spouse transition financially after a divorce. The court will consider a variety of factors to determine if alimony is appropriate and, if so, what type, amount, and duration.
Florida Alimony Guide: Types, Factors, and Recent Law Changes
Florida law provides for several types of alimony to help a spouse transition financially after a divorce. The court will consider a variety of factors to determine if alimony is appropriate and, if so, what type, amount, and duration.
Alimony, also known as spousal support, is a payment from one spouse to another after a divorce. The purpose of alimony is to provide financial assistance to a spouse who has a need for support and to help them maintain a standard of living similar to that established during the marriage. This guide explains the different types of alimony in Florida and the factors courts consider when making an alimony award.
Table of Contents
- What are the types of alimony in Florida?
- What factors do courts consider when awarding alimony in Florida?
- How is alimony calculated in Florida?
- How long does alimony last in Florida?
- How can an alimony order be modified in Florida?
- Frequently Asked Questions
- Legal References
What are the types of alimony in Florida?
Florida law recognizes several types of alimony, each designed to meet a specific need:
- Bridge-the-Gap Alimony: This type of alimony is designed to help a spouse transition from being married to being single. It is for a short duration, not to exceed two years.
- Rehabilitative Alimony: This alimony is awarded to assist a spouse in acquiring education or training to become self-supporting.
- Durational Alimony: This type of alimony is awarded when permanent alimony is not appropriate. It is for a set period of time and cannot exceed the length of the marriage.
- Permanent Alimony: This alimony is awarded to provide for the needs and necessities of life as they were established during the marriage for a spouse who lacks the financial ability to meet his or her needs and necessities of life following a divorce. As of July 1, 2023, permanent alimony has been eliminated in Florida.
- Temporary Alimony: This is support that is awarded while the divorce is pending.
| Alimony Type | Purpose | Duration |
|---|---|---|
| Bridge-the-Gap | To assist with legitimate, identifiable short-term needs. | Cannot exceed 2 years. |
| Rehabilitative | To assist with redeveloping previous skills or credentials. | For a specific, defined period. |
| Durational | To provide economic assistance for a set period of time. | Cannot exceed the length of the marriage. |
What factors do courts consider when awarding alimony in Florida?
To determine whether to award alimony, Florida courts must consider all relevant factors, including:
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
- The earning capacities, educational levels, vocational skills, and employability of the parties.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- The responsibilities each party will have with regard to any minor children they have in common.
- The tax treatment and consequences to both parties of any alimony award.
- All sources of income available to either party, including income available to either party through investments of any asset held by that party.
How is alimony calculated in Florida?
There is no specific formula for calculating alimony in Florida. The court has discretion to award an amount that is fair and just based on the factors listed above. The two primary considerations are the receiving spouse's need and the paying spouse's ability to pay.
Civilly Insight: While there is no formula, a common starting point for negotiation is to calculate the receiving spouse's need by subtracting their net income from their reasonable monthly expenses.
How long does alimony last in Florida?
The duration of alimony depends on the type of alimony awarded and the length of the marriage. As of July 1, 2023, permanent alimony is no longer awarded in Florida. Durational alimony may not be awarded for a length of time exceeding the length of the marriage.
How can an alimony order be modified in Florida?
To modify an alimony order in Florida, you must show a "substantial change in circumstances." This could include:
- A significant increase or decrease in either party's income
- The retirement of the paying spouse
- The receiving spouse's remarriage or entry into a supportive relationship
Frequently Asked Questions
Can I get alimony if I was unfaithful?
Adultery can be a factor that the court considers when awarding alimony, but it does not automatically disqualify a spouse from receiving it.
Is alimony taxable?
For divorce agreements executed after December 31, 2018, alimony payments are not tax-deductible for the paying spouse or taxable income for the receiving spouse at the federal level.
What is the new alimony law in Florida?
As of July 1, 2023, permanent alimony has been eliminated in Florida. The new law also places limits on the duration of durational alimony.