Spousal Support And Alimony Attorney

How Spousal Support Is Calculated In Florida

As with other family law matters, spousal support arrangements vary case-by-case. The factors that judges consider in decisions about spousal support include:

• The marriage’s length
• The standard of living established during the marriage and each spouse’s anticipated needs to maintain it
• Each spouse’s income, resources, education and earning capacity
• The sacrifices each spouse made in the marriage
• The contributions each spouse made to the marriage
• Each spouse’s age, physical and mental health

If minor children are involved, each spouse’s needs to provide adequate care for them will also be considered. 

Generally, spousal support payments should not exceed 35% of the difference between the two spouse’s incomes.

Does Florida Have Permanent Alimony?

At one time, Florida offered permanent spousal support to those undergoing divorce. However, it was eliminated in 2023. Divorces that occurred before 2023 should be grandfathered, meaning permanent awards will remain in place unless modified.

Permanent alimony provides financial support to an ex-spouse for an indefinite period, typically following long-term marriages. It helped maintain the standard of living established during marriage and was often awarded to homemakers and low-earning spouses.

In modern times, a permanent form of alimony would be a rare exception, if not completely out of reach. Less lengthy awards have replaced indefinite spousal support, as more spouses can sustain themselves after a divorce.

What Types Of Alimony Are Awarded In Florida?

There are several types of alimony still available in Florida, each serving a specific purpose in meeting the financial needs of a spouse during and after a divorce.

• Temporary: Alimony may be awarded temporarily to help a spouse meet expenses until the divorce is finalized. It allows lower earning spouses to maintain a living standard similar to what they experienced during marriage.
• Bridge-the-gap: Designed to assist in transitioning from married to single life, bridge-the-gap support covers short-term needs and cannot exceed two years. It can help the recipient cover immediate expenses or moving costs.
• Rehabilitative: This form of alimony supports a spouse while they gain education, training or work experience necessary to become self-sufficient. It requires a specific and defined rehabilitative plan approved by the court.
• Durational: Awarded for a set period, durational spousal support often follows short- or moderate-term marriages. It provides economic assistance for a time frame that may not exceed the length of the marriage.

Alimony is governed by Florida Statute 61.08, which outlines the criteria and considerations courts must follow in awarding spousal support. Knowing your options allows you to make a strong case for alimony based on your demonstrable financial circumstances.

How Long Does Spousal Support Last?

Spousal support, also called alimony, can be a temporary, supplemental or rehabilitative arrangement, meaning that the payments are provided for a limited time to address specific needs or to help a person become self-supporting.

These arrangements can also be more long-term, but permanent alimony is no longer awarded in Florida. The marriage must have lasted at least three years, and the arrangement’s time period will reflect the marriage’s length.