How Long is Alimony in Florida?

What is Alimony in Florida?

Alimony, often called spousal support or maintenance, is financial support paid from one spouse to the other. It can be temporary alimony during the pendency of the divorce or permanent alimony once the divorce becomes final.
In Florida, the amount and duration of the alimony are at the courts’ discretion. However, courts must follow guidelines in the Florida Statutes to make those determinations. Two of those guidelines include whether the receiving spouse needs financial support from the other spouse and whether the paying spouse has the resources to pay it in addition to their reasonable living expenses.

What Are the Types of Alimony in Florida?

Florida allows for several types of alimony, including:

• Temporary alimony: Usually ordered during the pendency of the divorce if the receiving spouse needs financial support.
• Bridge-the-gap alimony: Financial support for a limited time, often to cover living expenses while waiting for the marital home to sell. Florida Statutes limit bridge-the-gap alimony to two years. Once the court determines the award, you cannot modify it.
• Rehabilitative alimony: This alimony helps divorced spouses obtain training or education for employment. The receiving spouse must submit a plan for how much time and money they require to accomplish these goals.
• Durational alimony: When other alimony types are insufficient for a spouse’s needs, the court may order durational alimony. It is only for a short or moderate set period. Courts may also order durational alimony even if a spouse doesn’t need financial support permanently if the marriage lasted a certain amount of time but not more than 35 percent of the length of the marriage.
• Permanent alimony: After the dissolution of marriage, some spouses may not have the financial ability to meet their needs. Florida Statutes allow permanent alimony in these cases. The marriage must usually be moderate in duration, but exceptional circumstances may result from a shorter marriage.

Factors Determining Alimony Duration

Florida Statutes provide several factors to help the court determine the type of alimony and duration of alimony to award to the requesting spouse, including:

• The duration of the marriage
• The anticipated needs of each party
• Age of both parties
• The health of each spouse
• The educational levels of both parties
• The vocational skills and employability of both parties
• Adultery

How Does the Length of Marriage Affect Alimony?

Florida courts base alimony on the duration of the marriage. Generally, the time frames fall into three categories:

• Short-term marriages are less than 10 years
• Moderate-term marriages are from 10 to 20 years
• Long-term marriages are 20-plus years

These time frames significantly impact the types and duration of the alimony awarded by the court.

What Factors Influence Alimony Awards?

In addition to the above factors that courts use to determine the length of time an alimony award is supposed to last—they also consider the following:

• The standard of living established by the spouses during the marriage
• The earning capacities of both parties
• Each party’s income and financial resources
• The physical, mental, and emotional condition of both parties
• The contribution made by each spouse to the marriage, including homemaking services, contributing to the education of the other spouse, child care, and assisting a spouse in building their career
• The responsibilities of each spouse to their minor children, especially if a child has a mental or physical disability

Can You Modify Alimony in Florida?

Except for bridge-the-gap alimony, you can modify alimony awards. However, you must show a material and substantial change in circumstances in the following:

• Either party’s income – an increase in the receiving party’s income or a decrease in the paying party’s income
• The declining health of the paying party
• The receiving party’s remarriage

What Are the Financial Implications of Alimony?

In 2019, federal laws no longer allow the taxation of most alimony payments as income for the receiving party, nor is it deductible for the paying party. Because of this, the amount paid by the “paying” spouse should be changed to reflect the tax deduction loss.

Additionally, in 2023, Florida’s alimony laws significantly changed to help both parties become financially responsible sooner rather than later. As of 2023, permanent alimony is no longer an option for the courts. However, it only applies to divorces filed after July 1, 2023.

This can affect lump-sum alimony awards since courts usually apply this type to permanent or rehabilitative alimony awards. The issue with lump-sum alimony is that since it is paid in one lump sum, neither party can modify it.

How Can a Divorce Attorney in Florida Help with Alimony Issues?

Divorce can become complex, especially when unknown alimony factors are involved. Obtaining legal advice as soon as you plan to file for divorce or as soon as your spouse serves you with divorce papers is a beneficial, especially when negotiating alimony payments.

Why Work with Cordell & Cordell?

Even with alimony reform in Florida, you can become burdened with too much alimony or may not receive alimony if you need it from your ex. An experienced Florida alimony lawyer can help negotiate fair and reasonable alimony, whether you need alimony, or your soon-to-be ex-spouse is requesting it.

Client Experience

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