How Spousal Support Works in Florida
Spousal support, commonly known as alimony, is not automatic in every divorce. Florida courts evaluate specific criteria to determine whether one spouse has an actual need for support and whether the other spouse has the ability to pay.
The court considers the standard of living established during the marriage, the duration of the marriage, and each party's financial resources. Recent changes to Florida law have altered how alimony is awarded, specifically by shortening the duration of payments and eliminating permanent alimony.
Our Spousal Support Services
Our Maitland spousal support lawyers assist clients with various aspects of alimony. Our goal is to ensure the financial terms of your divorce are equitable and sustainable.
Determination of Alimony
We analyze finances to determine eligibility for Bridge-the-Gap, Rehabilitative, or Durational alimony.
Alimony Modifications
Financial circumstances change. We represent clients seeking to modify existing orders due to retirement, loss of income, or changes in the receiving spouse's supportive relationship.
Enforcement
If a former spouse fails to pay court-ordered support, we take legal action to enforce the order.
Defense Against Unfair Claims
We protect high-earning spouses from excessive or unjustified support demands.
Start Your Alimony Case With a Brief Intake Call
We listen to you, collect the facts, explain the process, and help you move your case forward. Call us for guidance.
Requirements for Alimony in Florida
Alimony is not guaranteed in every divorce case. Under Florida Statute § 61.08(2), the court must first make a specific factual determination on two primary requirements:
- Actual need: The party requesting support must demonstrate an actual financial need.
- Ability to pay: The other party must have the financial ability to pay for that support.
If these two conditions are met, the court considers the "length of the marriage" to determine the type and duration of the award. Florida law defines marriage lengths as follows:
- Short-term marriage: A marriage lasting less than 10 years.
- Moderate-term marriage: A marriage lasting between 10 and 20 years.
- Long-term marriage: A marriage lasting 20 years or longer.
The court also considers factors such as the standard of living established during the marriage, each party's age and health, and each party's financial resources and earning capacity.
Types of Alimony Available in Florida
Recent changes to Florida statutes have eliminated permanent alimony and set specific caps on other forms of support. We help clients understand which type of support applies to their case:
- Bridge-the-gap alimony: Designed to help a spouse transition from married to single life by covering specific short-term needs. It is limited to two years and cannot be modified.
- Rehabilitative alimony: Awarded to assist a spouse in acquiring education, training, or work experience to become self-sufficient. This requires a specific rehabilitative plan and is generally limited to five years.
- Durational alimony: Provides economic assistance for a set period following a marriage of short or moderate duration. The length of this award is strictly capped based on the length of the marriage (e.g., it cannot exceed 50% of the length of a short-term marriage).
- Temporary alimony: Support awarded during the divorce proceedings to maintain financial stability until the final judgment is entered.
Factors Influencing Alimony Awards in Florida
The court considers several elements when calculating support. While there is no strict formula like there is for child support, the judge will evaluate:
- Duration of the marriage: Short-term (less than 10 years), moderate-term (10–20 years), or long-term (20+ years) marriages impact the type and length of support available.
- Financial resources: The court reviews all sources of income, including investments and retirement assets.
- Earning capacity: This involves the educational level, vocational skills, and employability of both parties.
- Contribution to the marriage: This includes contributions to the household, child-rearing, and the other spouse's career development.
Why Veliz Katz Law Remains a Strong Choice
The way an alimony case is handled can shape both short-term obligations and long-term stability. Our Maitland spousal support attorneys stand apart because of our extensive experience and proven track record of success.
Mastery of New Statutes
Recent changes to Florida’s alimony laws require a team familiar with the updated rules. We draw on 35+ years of experience to analyze and interpret new laws and apply them in our clients' best interests.
Defending Your Assets
We take a straightforward approach to support claims, building strategies that protect your assets and retirement funds.
Transparent Strategy
Alimony is never guaranteed. We focus on facts and financial evidence rather than promises.
Defined Start and End Points for Support
We set defined time limits, clear conditions for change, and specific end dates for support to reduce future uncertainty.
Move Your Spousal Support Matter Forward
Contact our office to begin the intake process and gain clarity on how spousal support laws apply to your circumstances.
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