Alimony in Florida: What You Should Know

Transparency is integral to a successful marriage—and a successful divorce. Alimony can sometimes be a contentious subject, so it’s important to know the laws so you can stay on the same page with one another, avoid unwanted financial surprises, and understand your rights.

So, what is alimony? Also called spousal support, alimony refers to court-ordered payments that one former spouse pays the other after a divorce or legal separation.

Let’s take a closer look at how alimony works in Florida, including types of alimony, tax implications, and how to modify alimony payments should your circumstances change. 

Types of alimony in Florida

Alimony exists to address economic hardships following a divorce that may unfairly impact one spouse. The types of spousal support available vary by state. In Florida, alimony may be awarded periodically or as a lump sum payment. 

In July 2023, a new alimony law in Florida eliminated what was previously known as "permanent periodic alimony" and instituted stricter alimony laws. Although Florida no longer awards permanent alimony, long-term support is a possibility for long-term marriages.

There are four core types of spousal support currently available in Florida based on the new laws:

• Temporary alimony: Granted during the divorce process to maintain the standard of living for soon-to-be divorcees. Although this award automatically terminates once the divorce finalizes, you can replace it with another type of alimony.
• Bridge-the-gap alimony: Short-term support to assist the transition from married to single status. It's limited to two years and allocates funds to pay for legitimate and identifiable needs associated with starting a new life without the support of a spouse.
• Rehabilitative alimony: Funds allocated to help a spouse become self-sufficient through education or job training within a five-year period. This alimony assists individuals who may have sacrificed their careers to care for children or fund their spouses' careers. This alimony requires a specific plan that outlines a course of action, associated costs, and the necessary period before the spouse requesting alimony will become self-supporting.
• Durational alimony: This type of support involves a set amount of money paid over a predetermined length of time. The duration of support depends on the length of the marriage, in addition to other factors, and amounts are calculated based on need and the difference between the spouses’ incomes. Individuals married for fewer than three years do not qualify for durational alimony in Florida.

How does alimony work in Florida?

Alimony laws in Florida are periodically adjusted to meet changes in the economy. These revisions aim to encourage mutual financial independence while steering alimony decisions toward fairer, more personalized outcomes.

Let’s dive into how these changes affect alimony in Florida, including who's eligible, the factors determining alimony, and how the court calculates the duration and amounts.

Who can get spousal support?

To determine whether or not to offer spousal support, Florida alimony law now puts the burden of proof on the spouse requesting alimony. That means that if they can demonstrate both their need and the other spouse's ability to pay alimony, the court can award the most appropriate form(s) based on several factors.

What factors can influence alimony decisions?

• Length of the marriage. The length of one's marriage influences how long a durational alimony lasts. For example, it can't exceed half the length of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage (with some exceptions). A short-term marriage is defined in Florida as fewer than 10 years, a moderate-term marriage is 10–19 years, and a long-term marriage is 20 years or more. 
• Standard of living. While preserving the same standard of living you shared as a married couple may be impossible, courts will consider your previous financial situation and anticipated needs and factor them into your alimony award.
• Age and health of both spouses. Your and your spouse's physical, mental, and emotional health influence alimony decisions in Florida. For example, courts examine whether one party can financially support themselves or pay alimony based on their health status and whether any conditions are permanent or temporary.
• Resources and assets. This includes income generated from non-marital and marital assets, such as property or accounts that one spouse held before entering the marriage and property or accounts shared during the marriage.
• Earning capacity and employment history. Courts also consider the education, skills, or employability of both you and your spouse, as well as the ability of one party to acquire an education or develop skills that would lead to self-sufficiency in the future.
• Contributions to the marriage. Several factors can cause an economic imbalance between spouses that influence alimony decisions. For instance, one party may have sacrificed their career to care for shared children or fund their spouse's career.
• Responsibilities for minor children. The financial needs associated with caring for minor children, especially children with a mental or physical disability, that both parties have in common.
• Marital misconduct. Adultery of either spouse and any economic impact that relationship had on the marriage can now influence the amount of alimony awarded in Florida.

How courts calculate spousal support

Florida courts determine the amount and duration of spousal support on a case-by-case basis, considering both spouses' financial needs and resources. There is no strict formula, but guidelines provide a framework.

For example, the amount of durational alimony in Florida is either calculated based on the financial needs of the spouse requesting support, or 35% of the difference between both party's incomes—whichever is less.

What disqualifies you from receiving spousal support?

Florida courts aim to ensure that any alimony awarded is fair for both parties. For that reason, there are a number of factors that can block someone from qualifying for spousal support:

• The party requesting spousal support isn’t financially in need
• The party who would pay spousal support can’t afford it 
• The party requesting alimony remarried
• The party requesting alimony is cohabitating (living with) a new partner

The role of a prenup

A premarital agreement (prenup) is a contract a couple signs before marriage. It dictates the distribution of assets, debts, alimony, and other issues in the event of a death or divorce.

With the help of an attorney, well-articulated prenups set forth divorce terms in advance, rather than a judge dictating the terms for you during an inherently stressful time. A prenup may waive alimony altogether, depending on the terms you've agreed to.

Tax implications of spousal support in Florida

The Tax Cuts and Jobs Act of 2017 reshaped federal and state tax laws regarding alimony. For those married before January 1, 2019, alimony payments are typically tax-deductible for the payer and taxable for the recipient. For those married in or after 2019, alimony payments are no longer tax-deductible or taxable. This change drastically impacts how couples entering marriage or considering divorce should approach the division of their assets.

Alimony modifications and enforcement

Florida law recognizes that our lives are not stagnant. For that reason, the spouse paying alimony can request to reduce or eliminate payments if their or their ex-spouse's financial circumstances change. However, the burden of proof is on them.

Modification can happen either through one of two ways:

• Retirement. The obligor (spouse paying alimony) reaches a natural retirement age and proves they have already retired or plans to retire. In this case, they must also show that retirement will hinder their ability to pay alimony.
• Supportive relationship. The obligor proves that the obligee (spouse receiving alimony) has a supportive relationship with someone they're not related to by blood or marriage. In this case, the court must reduce or end the alimony award.

While Florida courts allow room to modify the terms of your spousal support, they take existing cases very seriously and will enforce late payments.

Florida's methods of enforcing alimony, which are similar to other states, are as follows:

• Wage garnishment: A process in which an employer is obliged to set aside alimony payments from an obligor's paycheck. Florida courts are required to order wage garnishment, or income withholding, for every alimony award.
• Contempt of court: As alimony is a legal obligation, refusal to pay is an act of disobedience against the law, punishable by fines or jail time.
• Collateral: In some instances, the court may order the obligor to take out a life insurance policy or bond or other assets, such as property, to secure alimony payments.

Don't go it alone: 5 ways a family law lawyer can help

Florida has complex alimony laws, and regular updates and amendments complicate the process further. An alimony lawyer offers expertise that can not only simplify the processes but also help you arrive at the most beneficial outcome possible.

Spousal support lawyers provide a range of valuable benefits:

1. They understand legal rights and obligations. Alimony lawyers know the ins and outs of the process in detail and can use that knowledge to your advantage when negotiating settlements.
2. They will prepare and file paperwork. Divorce is an inherently stressful and time-consuming process that requires a lot of documentation. Florida requires quite a bit of evidence to support every claim. A lawyer can help compile and keep track of the necessary documents so that you can continue to live your life.
3. They represent you in court. It helps to have someone on your side who is familiar with your circumstances and the court system. A lawyer will be able to advocate for you and argue your case to achieve the optimal outcome.
4. They assist in modifying or enforcing alimony orders. A lawyer fluent in the complexities of these scenarios can tailor their approach to your needs and help you gather the necessary documents to make your case.
5. They help you address tax implications. This is one of the most important reasons to utilize a lawyer's expertise when determining alimony. Taxes can drastically affect how alimony impacts your finances. A lawyer will walk you through how alimony affects your financial situation, which divorce payments are considered alimony and which aren't, and other valuable tax information that should influence your settlement.

FAQs about Florida alimony

Florida alimony law is extensive. If you still have questions regarding the process, explore these frequently asked questions. 

Am I entitled to alimony if I don't have kids?

Yes, alimony is not the same as child support. Kids are a consideration but not a requirement for alimony eligibility in Florida. Instead, the court considers one spouse's needs against the other's ability to pay spousal support.

What are the recent changes to Florida alimony law?

Recent changes in July 2023 include the elimination of permanent alimony for new cases, caps on the duration of alimony based on the length of the marriage, clearer guidelines for modifying or terminating alimony upon the payer’s retirement, and more defined provisions regarding cohabitation and its impact on alimony.

When does alimony end in Florida?

All forms of spousal support automatically end if either spouse dies or the recipient remarries. Courts may terminate a durational or rehabilitative alimony order due to changes in either spouse's financial circumstances—such as retirement or cohabitation in a romantic relationship—if those changes impact the obligee's financial needs or the obligor’s ability to pay alimony. However, the amount and duration of bridge-the-gap alimony isn’t modifiable by changes in financial circumstances.