In the State of Florida, alimony is awarded on a case-by-case basis. There is no set formula that is used for calculating alimony in Florida. Instead, Florida courts evaluate a series of factors, including:
- The parties’ financial resources, including joint and separate property;
- The length of the marriage;
- Each spouse’s age and health;
- Each spouse’s earning capacity, occupation, and employability;
- The time and cost of education and training needed to find work;
- The standard of living while married;
- Each spouse’s contribution to the marriage, including household responsibilities and child care; and
- Each spouse’s ongoing responsibilities for child care.
Additionally, a court may take adultery into account if the adultery financially disadvantaged the other spouse. If an individual has any questions about how to receive alimony in Florida, they should consult with a local Florida attorney.
What Is Alimony?
Alimony is financial support that is provided to a spouse during and after a divorce. Alimony is separate from any child support payments that may need to be paid due to child custody issues.
Under state laws, each spouse has a duty to financially support each other. Alimony is a way of acknowledging that this duty may continue even after a legal separation or divorce.
What Is the New Alimony Law in Florida 2023?
There are changes that will apply to cases involving alimony awards entered after July 1, 2023, which include:
- Eliminating the option to award permanent or lifetime alimony;
- Rehabilitative alimony is limited to five years;
- The remaining categories of alimony include:
- Bridge-the-gap;
- Rehabilitative;
- Durational.
Will My Spouse Have to Pay Alimony After a No-Fault Divorce?
A spouse may be required to pay alimony following a no-fault divorce. In some cases, the receiving spouse may also petition the court to receive alimony while the spouses are legally separated, before they file for divorce, or while their divorce case is pending.
It is important to note that, in many cases, if a spouse receives temporary spousal support prior to a divorce decree being issued, it is likely that those payments will end when the divorce is finalized. Spouses have to remember to include their alimony request as part of their divorce case.
Common categories of alimony that a supporting spouse may be required to pay to a receiving spouse after a no-fault divorce include:
- Rehabilitative alimony: Rehabilitative alimony is a form of support that will assist the receiving spouse in covering necessary expenses until they can gain financial independence;
- This type of alimony is usually ordered in cases where one of the spouses requires special training or a specific degree to enter the workforce and apply for a job that would enable them to support themselves;
- Permanent alimony: Permanent alimony is usually awarded when a divorcing couple was married for a long period of time, and one of the spouses was financially dependent on the other spouse throughout the course of their marriage;
- This type of may also be provided if one of the spouses is not able to support themselves due to a medical condition or the inability to secure a job that would enable them to support themselves;
- Reimbursement alimony: Reimbursement alimony is ordered if one of the spouses was forced to take care of household expenses or pay for the other spouse’s education or job training during the marriage;
- Periodic alimony: Periodic alimony is a type of spousal support that is provided for a short time frame;
- It is often requested when a recipient spouse has an illness or injury that will last for a temporary duration or when a recipient spouse is considered to be a stay-at-home parent raising children who are not old enough to attend school.
A court will determine which spouse should be awarded alimony in addition to the amount of alimony that will be paid each month by examining numerous factors, including those listed above.
How Much Alimony Can You Receive?
The State of Florida does not place a limit or cap on alimony. Instead, a court has to weigh the factors listed above and determine the amount of support that is appropriate.
In certain cases, alimony awards may be as much as millions but are usually more modest amounts. Although legislation has repeatedly been proposed that would limit or reform Florida alimony, those bills have been successful thus far.
Because of this, it is important for an individual to consult with an attorney for advice on the current applicable laws.
How Long Does Alimony Last?
There are five categories of alimony in the State of Florida, including:
- Temporary or pendente lite: This is paid while a divorce is pending;
- Bridge the gap: paid for a maximum of two years, or for example, while the parties sell marital assets;
- Rehabilitative: This is paid while one spouse receives additional education or job training pursuant to a rehabilitation plan;
- Durational: This is paid for a set period of time, up to the length of the marriage; and
- Permanent: These are ongoing, lifetime alimony payments.
Florida did not set limits on permanent alimony prior to 2023. This means that if an individual was married for 17 years or more, the court can award permanent alimony. Shorter marriages, such as those lasting seven to 17 years, qualify for permanent alimony only if there is clear and convincing evidence of a spouse’s need.
It is important to note that short marriages, such as those lasting less than seven years, are not typically eligible for durational or permanent alimony.
How Do You Petition for Alimony?
Alimony may be awarded before a divorce is finalized, as discussed above. If an individual wants to petition for alimony, it is important to consider hiring an attorney before they file for divorce.
Florida does not have a standardized form for requesting alimony. This means that each motion must be drafted from scratch. It may also be difficult for the average individual to calculate and negotiate alimony awards.
In addition, an increasing number of spouses are negotiating alimony in their settlement agreements. If an individual and their spouse can agree to a fair alimony amount, they may be able to resolve this issue without the court’s involvement.
An attorney can help during negotiations to ensure the agreed-upon amount is fair.
Can a Cheating Spouse Get Alimony?
Florida law provides that a court may consider one spouse’s adultery when determining the amount of alimony that will be awarded. Adultery itself, however, does not impact the alimony order.
Typically, adultery is considered when determining alimony if the spouse who committed adultery was wasteful with marital assets. Florida is a no-fault divorce state, which means that adultery does not affect the majority of decisions related to the divorce.
It is important to note, however, that adultery may impact child custody decisions.
What Disqualifies You from Receiving Alimony?
There are certain factors and circumstances that can disqualify a spouse from receiving alimony, such as:
- If the receiving spouse remarries;
- If the receiving spouse begins cohabitating with, or living with, a new partner.
The court will also consider whether the petitioning recipient spouse actually needs support from the other spouse to pay their living expenses after they maximize their earning potential. In addition, whether or not the paying spouse has the financial ability to pay will be considered.
Where Can You Find the Right Lawyer?
If you are considering petitioning for alimony in the State of Florida, it is important to consult with a Florida alimony lawyer. As discussed above, alimony petitions have to be drafted, which is usually best handled by a lawyer who is familiar with the proper language and format for filing court documents.
Your lawyer can help you file your motion requesting alimony with the court, calculate an alimony award, and negotiate an alimony amount with your spouse. Having a lawyer assist with your alimony petition gives you the best chance of obtaining the payments you need.
