Alimony Awards in a Florida Divorce

Divorce often puts significant financial strain on one or both parties involved. Married couples who were both working and sharing expenses suddenly find themselves maintaining a residence solely on their own income. In other cases, one spouse was the primary earner while the other took care of the household. In addition to dividing marital assets in a divorce, Florida law also authorizes courts to award alimony. Alimony is also referred to as “spousal support” or “spousal maintenance.” Alimony is the term used to describe court-ordered payments made from one spouse to another. Florida courts have significant discretion in choosing whether to award alimony, so it is imperative that anyone seeking or arguing against alimony payments discuss their situation with an experienced Boca Raton divorce attorney as soon as possible. Alimony payments are authorized by Florida Statute 61.08.

There are three types of alimony that can be awarded under Florida law. These include the following:

Bridge-the Gap Alimony

Bridge-the-gap alimony is awarded in situations in which one spouse needs financial assistance in transitioning from married to single life. It is intended to help a divorcing spouse meet legitimate short-term needs that can be clearly identified and its duration cannot exceed two years. Additionally, bridge-the-gap alimony cannot be modified.

Rehabilitative Alimony

Rehabilitative alimony is awarded in order to help one of the parties to a divorce establish the ability to support himself or herself. Self-support can be established in one of two ways: redeveloping previous skills or credentials, or acquiring education, training, or work experience which will develop new employment skills or credentials. In order for a court to award this type of alimony, there must be a specific and defined rehabilitative plan. Rehabilitative alimony can be modified if there is a substantial change in circumstance or if the receiving spouse does not comply with the rehabilitative plan.

Durational Alimony

Durational alimony is awarded in situations where it is necessary to provide a former spouse with financial support for a set period of time after a short, moderate, or long term marriage. The amount of durational alimony can be modified if there is a substantial change in circumstances, although the duration of the alimony award cannot be modified absent a showing of exceptional circumstances. In no case may durational alimony exceed the length of the marriage.

A short term marriage in Florida is a marriage with a duration of less than 10 years.

A moderate term marriage is a marriage lasting between 10-20 years.

A long term marriage is considered to be one of 20 years or longer.

The maximum number of years that you can receive alimony is 50% of the length of the marriage in short term marriages; 60% of the length of the marriage in moderate term marriages; and 75% of the length of the marriage in long term marriages. Please keep in mind that these percentages are the upper level, and the judge has the discretion to award anything less than the maximum number of years.

Permanent alimony as of July 1, 2023 has been abolished in Florida.

Contact a Boca Raton Family Law Attorney for a Free Consultation

Anyone who is involved in a divorce proceeding in which alimony may be at issue should discuss their case with a Florida divorce lawyer as soon as possible. To schedule a free consultation with Alan R. Burton, call our office today at (954) 229-1660, or my mobile at (954) 295-9222. You can also contact me at my email address, alan@alanburtonlaw.com.