Alimony And Florida Divorce Law

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When spouses divorce, it is not uncommon for one party to need financial support after the divorce is final. If a party has a need for support, and the other party has the ability to pay support, then alimony can be awarded in a Florida divorce judgment. Various factors will be considered by the court when it comes to determining if alimony should or will be awarded. 

Let The Wheeler Firm in Okaloosa and Walton County, FL, and our divorce attorney help you navigate this area of law. Schedule a consultation today to explore your options and to see if you have a case to receive alimony!

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Factors for Consideration When Evaluating Alimony Claims

The length of the marriage is a key consideration in this analysis. A short-term marriage is considered less than seven years, and in those cases, a rebuttable presumption exists that no alimony should be awarded. The idea is that, in a short period of time, neither party could have become financially dependent on the other.

A moderate-term marriage is between seven and 17 years. No presumption exists either way in these circumstances. Where a marriage is 17 years or more, a presumption exists that alimony should be awarded to a party who claims it. There are various forms of alimony, given the circumstances of each case, which include:

  • Permanent alimony is for long-term marriages if the support such a claim, and for moderate duration marriages if clear and convincing evidence supports the claim. It can only be awarded in short-term marriages under exceptional circumstances.
  • Bridge the gap alimony is for identifiable short-term needs. It is not to exceed two years.
  • Durational alimony is for a set period of time. It is for short or moderate-length marriages, or long-duration marriages if there is not an ongoing need for support (permanent alimony).

How Alimony Can Be Claimed In Court

The trial court is required to consider a list of statutory factors when ordering alimony to be paid by either party. Those factors include:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
  • The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
  • The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
  • The responsibilities each party will have with regard to any minor children they have in common.
  • The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
  • All sources of income available to either party, including income available to either party through investments of any asset held by that party.
  • Any other factor necessary to do equity and justice between the parties.

Failure to consider these factors could result in the alimony order being overturned on appeal.

Modification Of Florida Alimony Orders

Note that the parties can agree that alimony will be non-modifiable. Otherwise, an alimony award can be modified if there is a substantial change of circumstances. For the recipient, this can occur if the recipient dies or remarries. Even if the recipient does not remarry, a support obligation can be terminated if the recipient begins a financially supportive relationship with another. For the payor spouse, alimony can be modified if, for example, the payor retires and suffers a significant reduction of income, becomes unable to work due to medical issues, gets laid off, or experiences some other interruption of their earning capacity for reasons that were beyond their control.

Frequently Asked Questions

Q: Is alimony automatic in a Florida divorce?
Q: Can I get alimony while the divorce case is still ongoing?
Q: Can alimony be changed after the divorce is final?
Q: What happens if my ex-spouse moves in with a new partner?
Have more questions? talk to our team today

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