Alimony Lawyer in Orlando
Florida rewrote its alimony law in 2023, and permanent alimony is no longer one of the forms a court can award. Existing permanent alimony orders are not automatically eliminated. Today a court may award temporary, bridge-the-gap, rehabilitative, or durational alimony, and only after finding that one spouse actually needs support and the other can pay. I represent both spouses who are asking for alimony and spouses who are being asked to pay it. Se habla español.
How does a Florida court decide whether to award alimony?
The court first decides whether the spouse asking for alimony has an actual need for it and whether the other spouse has the ability to pay. The spouse asking for alimony must prove both. If both are shown, the court weighs factors including the length of the marriage, the standard of living during the marriage, each spouse's age and health, income and resources (including income from nonmarital assets), earning capacity and education, each spouse's contributions to the marriage (including homemaking and child care), and responsibilities for the children. (Fla. Stat. § 61.08(2)–(3))
What types of alimony exist in Florida?
Bridge-the-gap alimony covers short-term, identifiable needs while transitioning to single life. It lasts up to 2 years and cannot be modified.
Rehabilitative alimony helps a spouse get the education, training, or work experience needed to become self-supporting. It requires a specific plan included in the alimony order and lasts up to 5 years.
Durational alimony provides support for a set period. It is not available after a marriage of less than 3 years.
Temporary alimony provides support while the divorce case is pending. (Fla. Stat. § 61.08(1), (6)–(8))
How long can durational alimony last?
Florida presumes a marriage is short-term if it lasted under 10 years, moderate-term if it lasted at least 10 but under 20 years, and long-term if it lasted 20 years or more, measured from the wedding to the date the divorce is filed. Durational alimony generally cannot exceed 50% of the length of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage. The amount is capped at the lesser of the recipient's reasonable need or 35% of the difference between the spouses' net incomes. (Fla. Stat. § 61.08(5), (8))
Does adultery affect alimony in Florida?
It can. A court may consider either spouse's adultery, and any economic impact it caused, when deciding the amount of alimony. (Fla. Stat. § 61.08(1)(a))
Can alimony be changed later?
It depends on the type. Bridge-the-gap alimony cannot be modified. Rehabilitative alimony can be modified or ended based on a substantial change in circumstances, or if the plan is not followed or is finished early. The amount of durational alimony can be modified on a substantial change in circumstances; its length changes only in exceptional circumstances. (Fla. Stat. § 61.08(6)–(8))
Talk to an Orlando alimony attorney
You will work directly with me from start to finish. Se habla español.