Florida Alimony: Every alimony case is different.
I am Chris Taylor. In my Northeast Florida family law practice, I represent both parties seeking alimony and parties defending against alimony claims. That experience gives me a practical understanding of how these issues are presented from both sides. This page explains how Florida courts address alimony and the factors that can affect the outcome. Each alimony case must be evaluated based on its specific facts and circumstances.
The process
How Florida courts determine alimony.
The court first considers whether one spouse has an actual need for alimony and whether the other spouse has the ability to pay. If both are established, the court then considers the other factors required by Florida law.
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Need and ability to pay.
The first issue is whether one spouse has an actual need for alimony and the other spouse has the ability to pay. The spouse seeking alimony has the burden of establishing both. The parties’ financial affidavits provide the starting point for that analysis.
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The financial information is reviewed.
Financial affidavits do not always tell the complete story. Bank statements, credit card statements, tax returns, pay records, and other financial documents may be necessary to determine the parties’ actual income and expenses.
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Income and earning ability are evaluated.
Income is not always limited to what appears on a paystub. A self employed spouse may require a more detailed review of business income and expenses. When a spouse is unemployed or underemployed, a vocational evaluation may be appropriate to evaluate earning capacity.
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The other factors are considered.
The court also considers the length of the marriage, the standard of living established during the marriage, the parties’ ages and health, their financial resources, earning capacities, contributions to the marriage, and other relevant circumstances.
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The case is resolved by agreement or by the court.
Many alimony issues are resolved through negotiation or mediation. If the parties cannot reach an agreement, the court determines whether alimony should be awarded and, if so, the appropriate type, amount, and duration.
The court ultimately determines alimony.
The length of the marriage
How long can alimony last?
The length of the marriage is an important factor in determining how long durational alimony may continue.
Short term marriage.
A short term marriage is a marriage lasting less than 10 years. Durational alimony generally may not exceed 50 percent of the length of the marriage.
Moderate term marriage.
A moderate term marriage is a marriage lasting between 10 and 20 years. Durational alimony generally may not exceed 60 percent of the length of the marriage.
Long term marriage.
A long term marriage is a marriage lasting 20 years or longer. Durational alimony generally may not exceed 75 percent of the length of the marriage.
For example, following a 12 year marriage, durational alimony generally may not exceed 7.2 years.
Durational alimony may not be awarded following a marriage lasting less than three years. In exceptional circumstances, the court may extend the normal duration limits when the requirements of Florida law are met.
The amount
How much alimony can be awarded?
The amount of alimony depends on the receiving spouse’s reasonable need and the paying spouse’s ability to pay.
For durational alimony, the amount cannot exceed the receiving spouse’s reasonable need or 35 percent of the difference between the parties’ net incomes, whichever is less.
The 35 percent calculation is a maximum, not an automatic award. The court must still consider the parties’ financial circumstances and the other factors that apply to the case.
Types of alimony
Types of alimony in Florida.
Florida law allows temporary, bridge the gap, rehabilitative, and durational alimony. The type of alimony that may be appropriate depends on the facts of the case and the financial circumstances of the parties.
Temporary alimony.
Temporary alimony may be awarded to meet the needs of a spouse while the divorce case is pending. It generally ends when the final judgment is entered.
Bridge the gap alimony.
Bridge the gap alimony may be awarded to assist a spouse with identifiable short term needs involved in the transition from married life to single life. It may not exceed two years and is not modifiable in amount or duration.
Rehabilitative alimony.
Rehabilitative alimony may assist a spouse in becoming self supporting through education, training, work experience, or the redevelopment of previous skills or credentials. It requires a specific rehabilitative plan and may not exceed five years.
Durational alimony.
Durational alimony provides economic assistance for a defined period following a marriage of at least three years. Its maximum duration generally depends on the length of the marriage. Its amount cannot exceed the receiving spouse’s reasonable need or 35 percent of the difference between the parties’ net incomes, whichever is less.
After the divorce
Modification of alimony.
An alimony award may be modified or terminated after the final judgment if certain legal requirements are met.
A substantial change in circumstances may support a request to increase, decrease, or terminate alimony. Depending on the facts, this may include a significant change in either party’s income, loss of employment, retirement, or other material changes in the parties’ financial circumstances.
An existing alimony award may also be reduced or terminated if a supportive relationship is established. Florida law requires the court to consider the nature and extent of the relationship, including the parties’ financial interdependence, shared expenses, financial support, pooling of income or assets, and other relevant factors.
Retirement may also provide a basis to seek a reduction or termination of alimony when the statutory requirements are met.
Modification cases are fact specific. A change in circumstances does not automatically mean that alimony will be modified or terminated.
Two paths
Deciding alimony, or revisiting it?
Alimony set in a divorce and alimony changed afterward are different cases.
Alimony in a divorce
Alimony is being decided for the first time, as part of a contested or uncontested divorce.
You're reading about it nowModifications
An alimony award exists and circumstances have changed substantially since the judgment.
See modificationsCommon questions
What people ask about alimony.
Is permanent alimony still available in Florida?
Not for cases filed or still pending on or after July 1, 2023. The longest form now available is durational alimony, which is limited by the length of the marriage. Awards made under the old law are governed by their own terms, and whether they can be changed is a separate question.
Does adultery affect alimony?
Florida is a no-fault state, so adultery does not decide whether you can divorce or who is at fault. The alimony statute does let a court consider it, and in practice the question is usually economic: if marital money was spent on an affair, a court can account for it. Adultery on its own does not create a right to alimony or cancel one.
Can income be imputed to my spouse?
Yes. If a spouse is voluntarily unemployed or earning less than they could, the court can treat them as earning what they are capable of. Proving it takes evidence, typically a vocational expert, and it cuts both ways: it can reduce a claimed need or increase an ability to pay. More in imputing income to an unemployed spouse.
Over the course of several years, Mr. Taylor assisted me in resolving a number of complex issues. I found him to be highly competent, cost effective and a man of integrity.
- Two decades of practice
- Divorce and family law exclusively
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- Barrister, Florida Family Law Inn of Court
Free 45-minute case review
Find out where you stand.
Schedule your free 45-minute case review. Tell me the length of the marriage and roughly what each of you earns, and we will talk through how Florida law applies to your situation.
