As of July 1, 2023, Florida alimony laws have changed significantly. Florida law has eliminated permanent alimony, retaining only durational, temporary, rehabilitative, and bridge-the-gap alimony as available forms of spousal support. These changes to alimony in Florida aim to provide clearer guidelines and promote fairness in determining alimony obligations.
How Does Alimony Work in Florida?
Our divorce attorneys in Tampa, FL, are often asked, “How does alimony work in Florida?”
When determining alimony awards, Florida courts evaluate relevant factors such as the net income, of both spouses and the ability of the lower-earning spouse to obtain employment. The court determines whether alimony payments should be made as periodic payments or a lump sum payment based on Florida law.
What Qualifies You For Alimony in FL?
In Florida, alimony may be awarded based on the recipient spouse’s need for financial resources and the paying spouse’s ability to pay. Courts consider the length of the marriage, the standard of living during the marriage, and each party’s vocational skills and earning potential when determining alimony in Florida. Contributions to the marriage, such as career building, child care for minor children, and managing marital assets, are also factored in. If one spouse’s financial situation prevents self-sufficiency, financial support may be necessary.
However, certain factors may disqualify you from alimony in Florida, such as the presence of a supportive relationship where the recipient spouse receives financial support from a new partner.
Additionally, a mental or physical disability prevents the lower-earning spouse from becoming self-sufficient, the court may consider these exceptional circumstances when deciding how much alimony award is ordered. Courts may also require the paying spouse to maintain a life insurance policy to assist in extraordinary circumstances. Furthermore, the interaction between child support and spousal support may impact how much alimony is awarded.
How Many Years Do You Have To Be Married To Get Alimony in Florida?
The length of the marriage significantly influences how judges determine alimony obligations. Marriages are categorized as follows:
- Short-Term Marriage: Less than 10 years.
- Moderate-Term Marriage: 10 to 20 years.
- Long-Term Marriage: More than 20 years.
Under new alimony laws in Florida, for marriages lasting less than three years, courts will not issue an award of durational alimony. For marriages exceeding this duration, how long durational alimony awards last is as follows:
- Short-Term Marriage: Up to 50% of the marriage length.
- Moderate-Term Marriage: Up to 60% of the marriage length.
- Long-Term Marriage: Up to 75% of the marriage length.
It’s important to note that permanent alimony has been eliminated in Florida divorce statutes. Courts now determine that alimony may be awarded to the other spouse for a defined period, promoting eventual self-sufficiency. These reforms aim to create a more balanced approach to spousal support, considering both parties’ circumstances and encouraging financial independence.
Can a Husband Get Alimony in Florida?
Yes, alimony may be awarded in Florida regardless of gender. If a husband is the lower-earning spouse and lacks financial resources to maintain their standard of living, they may be awarded alimony. Courts assess financial need, the ability to pay, and other relevant factors.
Types of Alimony in Florida
Florida courts may award alimony in several forms. Here are the types of alimony in Florida:
- Award of temporary alimony: Support provided during the divorce proceedings.
- Award of bridge-the-gap alimony: Designed to assist a spouse with short-term needs as they transition from married to single life, not exceeding two years.
- Award of rehabilitative alimony: Intended to help a spouse acquire education or training necessary for self-sufficiency, limited to five years.
- Award of durational alimony: Provides support for a set period, with specific caps based on the length of the marriage.
Permanent alimony in Florida has been eliminated under the new law. Alimony obligations now serve a specific purpose and have particular eligibility requirements.
Temporary Alimony
Under Florida alimony statutes, temporary alimony, also known as alimony pendente lite, is a financial assistance awarded to one spouse during the pendency of divorce proceedings. Its primary purpose is to maintain the standard of living established during the marriage until a final judgment is rendered. This form of alimony addresses immediate needs, such as living expenses, insurance payments, and legal fees, ensuring that the less affluent spouse can manage financially during divorce proceedings. Temporary alimony terminates upon the issuance of the final divorce decree, at which point the court may establish a different alimony arrangement if deemed necessary. The court considers factors such as the requesting spouse’s financial need and the other spouse’s ability to pay when determining the appropriateness and amount of temporary alimony.
Durational Alimony in Florida
This type of alimony in Florida provides economic assistance for a set period following a short-term marriage, moderate-term marriage, or long-duration marriage when other forms of spousal support are not appropriate. Under the new Florida alimony statutes, marriages lasting less than 3 years are not subject to an award of durational alimony in Florida.
Long durational alimony awards are now limited based on the duration of the marriage:
- Short-term marriage (3 to less than 10 years): Up to 50% of the marriage’s length.
- Moderate-term marriage (10 to less than 20 years): Up to 60% of the marriage’s length.
- Long-term marriage (20 years or more): Up to 75% of the marriage’s length.
For example, in a 12-year marriage (moderate-term), alimony may be awarded for up to 7.2 years (60% of 12 years). Determining alimony amounts are based on the receiving spouse’s reasonable need or an amount not exceeding 35% of the difference between the parties’ net incomes, whichever is less. Durational alimony terminates upon the death of either party or the remarriage of the receiving spouse. The alimony obligation may be modified or terminated based upon a substantial change in circumstances; however, the length of the award may not be modified except under exceptional circumstances.
These reforms aim to create a more balanced approach to spousal support, considering both parties’ circumstances and encouraging financial independence.
Rehabilitative Alimony in Florida
Rehabilitative alimony helps the spouse receiving alimony gain appropriate employment skills. The receiving spouse must present a legitimate, identifiable short-term plan for career development. After a Florida divorce, one spouse can terminate alimony payments after 5 years for rehabilitative alimony awards.
Bridge The Gap Alimony in Florida
In Florida, bridge-the-gap alimony is designed to assist one spouse in transitioning from married to single life by addressing legitimate, identifiable short-term needs. According to Florida Alimony Statute § 61.08(6), the duration of bridge-the-gap alimony cannot exceed two years and is not subject to modification in either amount or length. The award terminates upon the death of either party or the remarriage of the recipient spouse. This form of alimony is intended to cover short-term expenses and is not meant to provide long-term financial support
Lump Sum Alimony
Lump sum alimony is a one-time alimony payment awarded instead of ongoing periodic payments. Courts may grant a lump sum payment when periodic alimony payments are impractical or when a clean break financial support between the one spouse is preferred. Lump sum alimony awards are often used in cases where the paying spouse has the ability to pay or when the other spouse requires financial assistance for economic assistance, such as securing housing or covering major expenses in extraordinary circumstances. Once the paying spouse pays alimony, however, lump sum alimony cannot be modified under Florida law, making it a final and non-adjustable alimony obligation.
Does Florida Have Permanent Alimony?
Under previous Florida alimony statutes, permanent alimony was allowed. Permanent alimony in Florida was awarded in long-term marriages where one spouse depended on the other spouse financially due to making significantly less net income, or suffered from a mental or physical disability.
However, Florida law recently terminated permanent alimony. So, permanent alimony in Florida only applies to Florida divorce cases that were pending or filed after July 2023. The change in Florida law doesn’t terminate alimony payments for those who received permanent alimony awards due to a mental or physical condition or other reason prior to this date.
As of July 1, 2023, Florida law has also eliminated permanent periodic alimony. Previously, permanent periodic alimony obligations provided ongoing spousal support to a spouse after divorce, continuing indefinitely unless modified by the court. With the recent changes, Florida alimony statutes allow an award of alimony obligations for: temporary, durational bridge-the-gap, and rehabilitative alimony. These reforms aim to provide clearer guidelines and promote fairness in alimony determinations.
How to Avoid Alimony in Florida?
To avoid alimony, the paying spouse must demonstrate that the other spouse has adequate financial resources or that a supportive relationship exists. A prenuptial or postnuptial agreement can also help limit or eliminate alimony obligations.
Can You Go To Jail For Not Paying Alimony in Florida?
In Florida, failing to fulfill a court-ordered alimony obligation can lead to serious legal consequences. If a paying spouse does not pay alimony as mandated, the recipient spouse can file a motion for contempt with the court.
If the court finds that one spouse has the ability to pay alimony or spousal support and simply refuses to pay alimony, the court may order wage garnishment, liens on property, or even jail time until the spouse decides to pay alimony.
What happens if you can’t pay alimony in Florida?
If a paying spouse experiences a significant financial hardship or other extraordinary circumstances, such as job loss or medical issues, they should immediately petition the court for a modification instead of simply stopping spousal support payments. The court will assess their ability to pay alimony and determine whether to reduce or temporarily suspend the obligation.
Additionally, failure to pay child support alongside alimony can result in harsher penalties, including license suspension and criminal charges. The court will consider how much alimony is owed and whether the non-payment was willful before issuing penalties.
Alimony Calculator: Florida Law
While there’s not a specific Florida alimony calculator, courts use a formula considering net income, financial need, and ability to pay alimony. The court determines how much alimony is awarded based on Florida alimony statutes, considering the length of the marriage and the financial resources of both parties.
How Long Is Alimony in Florida?
The duration of alimony payments depends on the type of spousal support:
- Temporary alimony – This ends when the divorce proceedings are finalized.
- Bridge the gap alimony – Cannot exceed two years.
- Rehabilitative alimony – Continues until the spouse achieves appropriate employment skills, with a clear plan required.
- Durational alimony – Limited to the length of the marriage, as durational alimony terminates when the set period ends.
What is a Wife Entited To in Florida Divorces?
Upon the dissolution of marriage, you may find yourself asking, “What is a wife entitled to in divorce?”
A wife may be entitled to a fair division of marital assets, spousal support, and child support if minor children are involved. Courts consider factors such as financial need, the length of the marriage, and the ability to pay when deciding how much alimony to award.
Florida Alimony Modification Case Law
Under Florida law, alimony payments may be modified if a significant change occurs, such as:
- A supportive relationship exists, allowing the lower-earning spouse to receive financial support from a new partner.
- The paying spouse experiences a substantial decrease in net income, affecting their ability to pay alimony.
- The spouse receiving alimony becomes financially independent, eliminating the need for continued financial support.
- The paying spouse reaches the customary retirement age. When the spouse reaches the normal retirement age, the court will review their alimony obligation and may terminate spousal support payments or modify the alimony obligation.
Contact Tampa alimony modification attorney to learn more.
Is Alimony Taxable in Florida?
Tax treatment for a spouse receiving alimony is governed by federal law, not Florida alimony statutes. However, in Florida, spousal support payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the spouse receiving alimony for divorces finalized after 2019. However, older agreements may still follow previous tax laws.
How a Tampa Alimony Attorney Can Help
Tampa alimony attorneys can assist in determining alimony amounts, negotiating alimony payments, and modifying existing alimony awards. Whether you are the paying spouse or the spouse receiving alimony, an experienced attorney can ensure that your financial interests are protected under Florida alimony laws.
