How To Determine Florida Alimony (Spousal Support)
Alimony payments are an important part of any Florida divorce because financial matters coincide with marital duties. Once a divorce decree is issued by a judge, it sets off a series of events that will change an ex-spouse’s life forever.
I am attorney Mark E. Sawicki. As an experienced Florida divorce lawyer, I understand that a top concern of yours is what your lifestyle will be like after a divorce. Whether you are on the paying or receiving end of alimony, the arrangement to which you agree will greatly affect the choices you have. I will work one-on-one with you to ensure that you understand your rights in this regard.
The First Thing You Need To Know About Florida Alimony
Alimony payments are an important part of divorce because financial matters coincide with marital duties. Once a divorce decree is issued by a judge, it sets off a series of events that will greatly impact both spouses. While there are general guidelines that most judges follow, various aspects of your marriage can and will affect alimony.
Why Does Alimony Get Granted By The Courts?
Alimony is court-ordered because ex-spouses are notorious for not upholding support for their ex-spouses. Some consider alimony as unnecessary or unwarranted, but these beliefs couldn’t be further from the truth. Alimony has been a long-established legal practice since British common law was brought over to the colonies. Luckily, modern courts in Florida allow for the award of alimony if certain criteria have been met. These criteria include:
- The available financial resources of each spouse, including properties and rentals
- The sources of income, investments and assets that each spouse has
- The earning capacity and employability of each spouse
- The time a spouse who has not worked will need to educate or train for employment
- The marital standard of living the spouses have experienced
- The length of the marriage
- The age, physical and mental conditions of each spouse
- Each spouse’s contribution to the marriage, financial or otherwise
- The number of children each spouse has
- The financial impact of any adultery committed by either spouse
It’s important to understand how Florida alimony is awarded. As an attorney with years of experience with Florida divorce, I work closely with you to ensure that you get a realistic solution to your spousal support issue. In some cases, even uncontested divorces require alimony negotiation.
Who Decides How Much Alimony/Spousal Support Is Issued?
A judge will decide how much alimony spousal support is issued. The judge will determine this number based on the above criteria. The income capability and current income of the spouses involved is typically the issue that has the greatest bearing on what is granted.
There are different types of alimony that also dictate how the payments will be issued. In Florida, these types are:
- Temporary support: This is meant to be used during the divorce process. Once a divorce is finalized, temporary alimony usually ends.
- Bridge-the-gap short-term alimony support: This has a maximum of two years.
- Rehabilitative alimony support: This is directly aimed at education or training for the employment of the ex-spouse. It can last up to five years.
- Durational support: This type of alimony is only available for marriages that lasted at least three years. The duration of alimony cannot exceed the length of the marriage.
There is no permanent alimony in Florida.
How Long Alimony/Spousal Support Will Be Issued
The law sets limits on how long each type of alimony can last. Every situation is different, and judges take this into consideration when deciding how long alimony spousal support will be ordered. The order can also be modified if there are extenuating circumstances such as job loss, income loss and other financial difficulties that can result in the adjustment of alimony. An existing alimony award can be terminated if the recipient has another source of support from a marriage or marriage-like relationship.
Frequently Asked Questions About The 2023 Changes In Florida Alimony Law
In Florida, there were significant changes in alimony law in 2023, which affected spousal support arrangements in divorce proceedings. Here are some things our clients ask:
Can existing alimony payments be reduced or ended?
Yes. Florida courts can modify or terminate existing alimony payments due to the new law. Working with a legal professional can help you understand how the specific circumstances of your case may be affected.
Is there now a time limit on rehabilitative alimony?
Yes. Under the new law, rehabilitative alimony will now have a time limit of five years. This means that the support provided to help a spouse become self-supporting will have a defined duration.
How long do you have to be married before alimony is possible?
Previously, no duration was mentioned in the law about the minimum length of marriage for alimony eligibility. However, the revised law makes alimony possible after three years of marriage.
How will the bill affect women?
The changes in the new bill have sparked concerns, especially about its impact on women. Some worry that the end of permanent alimony could leave women, who often earn less than their spouses and may have taken on caregiving roles during the marriage, financially vulnerable post-divorce.
Ensure That You Understand Your Rights To Spousal Support
Because every marriage and every divorce is different, it’s important that you understand your specific situation and what you can likely expect or pursue. I can help. Call me at Mark E. Sawicki, P.A., at 954-928-9331 to set up a consultation. You can also connect with my online contact form. There is space on the form to leave a line or two about your main concerns.
From law offices in Fort Lauderdale and Palm Beach Gardens, I work with clients throughout Broward and Palm Beach counties, and all surrounding areas.