Alimony

Alimony is often one of the most important financial issues addressed during a Florida divorce. It involves financial support paid by one spouse to the other and is intended to address differences in income, earning ability, or financial need that arise when a marriage ends. Because Florida’s alimony laws have changed in recent years, understanding how current rules apply to your situation is an important part of the divorce process.

At Goodblatt · Leo, we work with individuals who are seeking alimony, responding to an alimony request, or reviewing support options as part of a negotiated divorce agreement. Our focus is on helping you understand how Florida law approaches alimony so you can make informed decisions before agreeing to pay or receive spousal support.

Types of Alimony in Florida

Florida law now limits alimony to time-based forms of support. Courts may award one or more of the following types of alimony depending on the facts of the case. Permanent alimony is no longer available in new divorce filings.

• Temporary Alimony
  Temporary alimony provides financial support to a spouse while the divorce is pending. Its purpose is to help maintain financial stability during the divorce case. Once the divorce is final, temporary alimony ends, and the court may decide whether another form of support applies.
• Bridge-the-Gap Alimony
  Bridge-the-gap alimony is designed to help a spouse transition from married life to being financially independent after divorce. This type of alimony is short term, may not exceed two years, and cannot be modified once awarded.
• Rehabilitative Alimony
  Rehabilitative alimony is intended to help a spouse gain education, training, or job skills needed to increase earning ability. A specific plan outlining the steps, timeframe, and costs must be presented. This type of alimony may be modified if circumstances change or the plan is completed.
• Durational Alimony
  Durational alimony provides financial support for a defined period of time. The length of durational alimony may not exceed the length of the marriage. It may be awarded in marriages of any length and is now the longest form of support available under Florida law. Whether durational alimony is appropriate depends on the facts of each case.

How Florida Courts Evaluate Alimony

Before awarding alimony, courts look at whether the lower earning spouse has a genuine financial need and whether the higher earning spouse has the ability to pay. If both are present, the court considers several factors, including:

• Each spouse’s income, assets, and financial resources
• Earning capacity, education, vocational skills, and employability
• The length of the marriage
• The standard of living during the marriage
• The age and physical condition of each spouse
• Contributions to the marriage, including childcare, education, homemaking and helping the other spouse build a career
• Responsibilities for any minor children
• Potential tax consequences

Alimony generally ends upon the death of either spouse or the remarriage of the recipient. In some situations, a substantial change in circumstances may allow for modification.