How is Alimony Determined in Florida?

One of the most frequent questions Yaffa Family Law Group receives from newly divorce clients is whether they will have to pay, or if they are entitled to alimony. While there is no set formula for alimony in Florida, there are some guidelines provided. What factors will the court examine? There are many factors that a court will consider in determining whether or not to award alimony. One factor that weighs heavily in an alimony calculation is the length of a marriage. If you have been married for less than seven years, there is a presumption against an award of alimony. If you have been married for more than seven years, but less than seventeen years, there is a presumption of alimony, but not permanent alimony. If you have been married for more than seventeen years, then there is a presumption in favor of permanent alimony. Other factors that a court will look at include, but are not limited to: the financial resources of each party, the age and physical condition of each party, the standard of living during the marriage, and the financial responsibilities of each party. How does the Court calculate alimony? In determining the amount of alimony, a court will look at whether the spouse requesting alimony has a need and then determine if the other spouse has the ability to satisfy, all or part, of that need. The award of alimony may not leave the paying party destitute or unable to support themselves. The definition of need varies somewhat depending on the circumstances. The general intention of a court in awarding alimony is that both parties are able to maintain the standard of living as close to the one that they had during the marriage. Alimony is awarded to provide for the needs and necessities of life to the party that lacks the ability to do so themselves. Sometimes a court will award rehabilitative alimony to assist a party in establishing the capacity for self-support through the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony. If a party has legitimate and identifiable short-term needs, a court might award alimony to provide support to allow the party to make a transition from being married to being single. This is known as bridge-the-gap alimony and cannot exceed two years. About the Author

Tamara Grossman is an attorney with eight years of courtroom experience in family law and other legal matters. Ms. Grossman has been a partner in a multistate litig

Frequently Asked Questions

How is alimony calculated in Florida?

Florida courts consider multiple factors when calculating alimony, including the length of the marriage, each spouse's income and earning capacity, the standard of living established during the marriage, and each spouse's contributions to the household.

What types of alimony are available in Florida?

Florida recognizes several types of alimony: bridge-the-gap (temporary, short-term), rehabilitative (to help a spouse gain skills/education), and durational (for a set period). The appropriate type depends on the circumstances of the marriage and the needs of each party.

Can alimony be modified after the divorce?

Yes. Alimony can be modified if there is a substantial change in circumstances, such as a significant change in either party's income, the recipient's remarriage, or other major life changes. An experienced family law attorney can help you petition the court for a modification.

How long does alimony last in Florida?

The duration of alimony depends on the type awarded and the length of the marriage. Bridge-the-gap alimony is limited to two years. Rehabilitative alimony lasts until the rehabilitation plan is complete. Durational alimony cannot exceed the length of the marriage.

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Alimony & Support practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.

How is Alimony Determined in Florida?

Frequently Asked Questions

How is alimony calculated in Florida?

What types of alimony are available in Florida?

Can alimony be modified after the divorce?

How long does alimony last in Florida?

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