Alimony in a Florida Divorce

Alimony (also called spousal support or maintenance) arises from the theory that a marriage is a partnership and that the parties are obligated to support each other during the marriage. Upon the termination of the partnership, alimony may be awarded to assist a financially weaker spouse to make the transition from marriage to the life of a single person.

On July 1, 2023, Florida changed its alimony laws under Fla. Stat. section 61.08 by eliminating “permanent alimony.” In a divorce case, Florida courts now focus on temporary, bridge-the-gap, rehabilitative, and durational alimony.

Fla. Stat. 61.08(5) has also redefined short-term marriage, moderate-term marriage, and long-term marriage. Under the current law, a short-term marriage is defined as a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. The significance of the change deals with the durational caps that have been placed on an award of durational alimony. For example, durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage.

The amount of durational alimony is the amount determined to be the receiving spouse’s reasonable financial need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.

Durational alimony may not be awarded following a marriage lasting less than 3 years.

The issue of alimony in your case can potentially have a substantial impact on your current and future financial situation. Our office will vigorously advocate for your rights. Avoid making costly mistakes that may turn your life into a long-term financial nightmare. Contact our offices today to schedule your appointment.