Certain elements can disqualify an ex-spouse from receiving alimony in Florida. Adultery, while not an automatic disqualification or prerequisite for Florida alimony payments, can influence the court’s decision, especially if one spouse uses marital funds on an extramarital affair. Cohabitation may also lead to termination or modification of a Florida alimony award. Additionally, if the ex-spouse has the capacity to gain employment or increased earning capacity, the paying spouse may be relieved of alimony obligations. The length of the marriage plays a significant role in determining alimony in Florida law. Courts commonly consider resources, tax treatment, the health of both parties, childcare, spouses’ incomes, and the presence of domestic violence, along with other factors, when determining alimony qualifications and how much alimony is appropriate.
If you have concerns about your ability to pay alimony or what disqualifies you from alimony or spousal support in Florida, a Tampa alimony lawyer at Quinn & Lynch, P.A. can help. Contact us at (813) 223-7739 to schedule a consultation.
How Does Alimony Work in Florida?
Florida alimony law is designed to provide financial support to a lower earning spouse after divorce. Courts consider the duration of the marriage, the standard of living during the marriage, and the needs of both spouses, including a spouse’s ability to pay.
Follow-up questions regarding “How does alimony work in Florida?” typically gravitate towards extramarital affairs. As a no-fault divorce state, Florida does not consider marital misconduct when determining alimony unless one spouse uses assets for said affairs.
In determining alimony, courts may award various types, including temporary, bridge-the-gap, durational, lump sum, or rehabilitative alimony. The type and amount of alimony award depend on the circumstances and financial resources of both parties. Florida alimony law aims to provide fair and just support based on each party’s situation and contributions during the marriage.
During divorce proceedings, the lower-earning spouse may request spousal support or alimony in Florida. The court will evaluate each case individually, considering the financial capacity of the paying spouse to make spousal support payments and the lower-earning spouse’s needs.
Alimony vs Spousal Support
In Florida, alimony and spousal support are used interchangeably. Both refer to a court order obligating one spouse, typically the one earning a higher net income, to provide financial support to the other spouse, typically the lower-earning spouse.
Types of Spousal Support or Alimony in Florida
Florida law recognizes several types of alimony and spousal support options. The court’s primary factors for determining which type of alimony is appropriate like the marriage’s duration, financial resources, and each spouse’s contribution to the marriage.
There are several types of alimony in Florida:
Temporary Alimony
A temporary alimony award provides stability during divorce proceedings. The party paying alimony can stop payments when the final judgment is issued. This helps ensure that the lower-earning spouse can maintain a reasonable standard of living during the legal process.
Bridge-the-Gap Alimony
This helps one spouse transition after marriage, covering short-term financial needs for up to two years. Once the courts order alimony here, it cannot be modified.
Rehabilitative Alimony
Rehabilitative alimony assists one spouse in becoming self-supporting through education, training, or work experience. The spouse receiving alimony must present a specific rehabilitation plan, and the spousal support continues only for the duration necessary to complete this plan.
Durational Alimony
Recent changes to Florida alimony laws have significantly impacted durational alimony and permanent alimony. Previously, permanent alimony could be awarded in longer marriages, allowing one spouse to receive spousal support indefinitely. The new laws eliminate permanent alimony, reflecting a shift towards rehabilitative support structures. Durational alimony, intended to provide spousal support for a set period for those divorcing or separating from a moderate-term marriage, remains but has stricter guidelines. Florida aims to reduce long durational alimony awards, aligning spousal support duration more closely with the length of the marriage, but will award alimony when the alimony is appropriate.
If you have questions about which type of spousal support may apply to your case, your ability to pay spousal support, or how to help receive alimony under Florida law, contact Quinn & Lynch, P.A.
Lump Sum Alimony
Lump sum alimony in Florida is awarded when there are specific circumstances that justify a one-time payment rather than periodic payments. This is typically used to ensure a clean break between the parties. This can apply to extreme cases of domestic violence, cases with a history of asset dissipation, unreliability of the paying spouse, or the poor health or advanced age of the person paying alimony, which may affect their ability to make ongoing payments.
Additionally, this form of Florida alimony can sometimes be awarded to help the recipient achieve self-sufficiency, such as by providing funds to start a business or purchase income-producing property.
What Disqualifies You From Spousal Support in Florida?
In Florida, certain circumstances can relieve a paying spouse from alimony obligations, terminating or reducing the alimony award or spousal support payments. Relevant factors can include cohabitation, remarriage, increased net income, imprisonment, abandonment, waste of assets, or other extraordinary circumstances, as governed by alimony laws.
Cohabitation or Remarriage
Spouses that receive alimony may be disqualified from spousal support if they are involved in a supportive relationship or choose to remarry, according to Florida Statutes Annotated § 61.14. A supportive relationship is defined as a relationship between one spouse and another person that is “characterized by a mutual support and conjugal relationship, but does not necessarily require a common residence.”
To modify the order or stop paying alimony, the paying spouse must prove that the other spouse is in a supportive relationship. Evidence may include living together, shared expenses, joint ownership of property, or public recognition of the relationship. If proven, the court may reduce or terminate alimony payments, allowing the ex-spouse previously ordered to pay alimony to avoid alimony if the ex-spouse is financially supported by another party.
Under Florida law, receiving spouse’s decision to remarry typically removes the spousal support obligation of the supporting spouse. Here, the new marriage is presumed to provide financial support through the new spouse’s income, making durational alimony payments unnecessary.
The court considers the spouses’ incomes and earning capacities when making decisions about alimony. Remarriage changes the financial dynamics, as the new spouse’s income and tax treatment can significantly alter the receiving spouse’s financial situation. Consequently, the former spouse is no longer required to financially support the ex-spouse, as the new marriage should fulfill that need.
Self-Sufficiency
In Florida, self-sufficiency can disqualify you from receiving spousal support or alimony in Florida. If the court determines that you have the financial means or can gain employment to meet your needs of independently, you may not be eligible for alimony. Factors such as current net income, employability, assets, tax consequences, and overall financial stability are considered when assessing self-sufficiency. The intent is to ensure spousal support or alimony in Florida is only provided to those who genuinely need financial assistance to maintain their standard of living post-divorce rather than to those attempting to rely unfairly on a paying spouse for spousal support.
Petition From the Other Spouse
In Florida, the party paying alimony can petition the court to disqualify spousal support due to extraordinary circumstances such as poor health. If the paying spouse has a drastic change in career or net income, they may argue they can’t pay alimony. Additionally, the tax consequences of alimony payments can be factors in modifying or terminating spousal support.
Long durational alimony awards may be modified if the receiving spouse’s capacity for earning increases significantly. Changes in career or stability for the receiving spouse can also prompt a petition.
The court will evaluate the paying spouse’s ability to pay, along with the above factors, to decide what’s truly fair regarding spousal support or alimony in Florida.
What Qualifies a Spouse for Alimony in Florida?
A spouse qualifies for alimony in Florida based on financial need and the other spouse’s ability to pay alimony. With respect to how much alimony a person receives or what an ex-husband or wife is entitled to in a divorce, the court will award alimony considering factors such as the duration of the marriage, the standard of living during a long or moderate-term marriage, and the financial resources of both the receiving and paying spouse.
Domestic violence can also impact the decision to order alimony.
How Long Do You Have to Be Married to Get Alimony in Florida?
In Florida, the duration of the marriage significantly influences the type, duration, and likelihood of an alimony award.
Short-term marriages (less than 10 years): may qualify for bridge-the-gap alimony, which assists with short-term needs for up to two years, or rehabilitative alimony, aimed at helping the recipient become self-sufficient through education or training. If a court deems rehabilitative alimony is appropriate, it can be awarded for up to five years and must be supported by a specific plan
Medium-term marriages (10 to 20 years) might qualify for durational or rehabilitative alimony, depending on financial circumstances and marital assets. If either alimony is appropriate, the spousal support period will not exceed 60% of the length of the marriage
Long-term marriages (over 20 years) for longer marriages, if deemed appropriate, durational alimony can last up to 75% of the marriage length. (Permanent alimony has been eliminated under recent reforms.)
The court considers factors such as the standard of living during the marriage, financial need, division of marital assets, and each spouse’s earning capacity when determining alimony amounts.
Do You Have to Pay Alimony if Your Spouse Cheats?
Florida is a no-fault divorce state, meaning that marital misconduct, such as cheating, is not one of the court’s primary factors for disqualifying someone from receiving alimony under Florida law. However, if the cheating spouse used marital property on the affair, this may impact their ability to receive alimony.
If My Husband Dies, Am I Responsible for His Alimony Payments to His Ex-Wife?
According to Florida law, alimony obligations usually end upon the spouse’s death unless a specific court order states otherwise. However, if your deceased husband’s ex was awarded alimony and he neglected to pay, any unpaid alimony amounts due at the time of his death could become a claim against his estate. It’s crucial to review the court order and understand any specific provisions regarding spousal support.
Consulting with a Tampa family law court order modifications attorney at Quinn & Lynch, P.A. can clarify your responsibilities under Florida law and any potential obligations related to the awarded alimony.
How Long Does Alimony Last in Florida?
In Florida, the duration of alimony depends on the type awarded, the length of the marriage, and the case’s specific circumstances. Temporary alimony lasts only during the divorce proceedings. Bridge-the-gap alimony, designed for a short-term financial need, cannot exceed two years. Rehabilitative alimony continues until the receiving spouse completes their education or training plan. Durational alimony (which replaced permanent alimony in Florida) provides support to the receiving spouse for a set period, not exceeding the length of the marriage. With lump sum alimony, the paying spouse simply provides one lump sum payment.
Consulting with legal counsel can help determine alimony specifics in each case.
How a Tampa Alimony Lawyer Can Help With Financial Support in Divorce
Our Tampa spousal support lawyers can assist you in obtaining financial support in the event of divorce or legal separation in Florida. By representing your interests in court, they strive to achieve a fair financial arrangement with respect to alimony or child support awards.
To understand your rights and options, contact a Tampa alimony lawyer at Quinn & Lynch, P.A. for a free consultation. They will help you address alimony and child support issues, aiming to protect your financial interests. Call (813) 223-7739 to schedule your appointment.
