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.