Frequently Asked Questions About Alimony in Florida

There are many issues divorcing couples must resolve when ending their marriage. One of these is spousal support, more commonly known as alimony. Most adults are familiar with the basic concept of alimony. The term refers to one or more payments made by one party to the other after a divorce is finalized.

Beyond that, though, many people have questions pertaining to certain details of alimony. Below, our Fort Lauderdale alimony lawyer outlines some of the most frequently asked questions we hear about the issue, and the answers to them.

Why is Alimony Awarded in Florida? 

Alimony is sometimes awarded in Florida divorces to ensure that both spouses can support themselves post-divorce and that neither will have to rely on welfare, food stamps, or other government benefits after ending their marriage.

Both the law and the family courts recognize that during the marriage, both spouses enjoyed a certain standard of living and that both deserve to enjoy that same standard of living once the marriage is over. If one spouse cannot support themselves and maintain that standard of living, the court may order the other party to pay alimony for a certain period of time.

How is Alimony Calculated in Florida?

There is a statutory formula used when calculating alimony like there is when the family courts calculate child support, which Florida adopted in recent years. Alimony is largely calculated based on one spouse’s ability to pay and the other spouse’s demonstrated need for support, coupled with a length of time based upon the length of the marriage. Family law judges have a great deal of discretion when determining the amount of alimony a spouse must pay. However, there is a statutory cap that limits payments to a percentage of the difference between the spouse’s net incomes.

What Factors Do Family Law Judges Consider? 

Like other issues in divorce, couples can agree to the terms of alimony on their own. When this is not possible, a judge will decide on whether to award alimony, the amount, and the duration. Family law judges will take many factors into consideration when deciding on alimony and they include:

• The length of the marriage
• The standard of living established during the marriage
• The emotional and physical health of each spouse
• The financial resources of each spouse
• The education levels, vocational skills, employability, and earning capacity of each spouse
• Each spouse’s contribution to the marriage, such as supporting the other’s career or staying home to raise the children

Are There Different Types of Alimony?

There are many different types of alimony in Florida. Bridge-the-gap alimony is meant to help a dependent spouse transition to one income after living off of two. Bridge-the-gap alimony cannot exceed two years. Rehabilitative alimony is awarded when a spouse needs to obtain skills or an education to obtain gainful employment that will allow them to become self-sufficient. Durational alimony is for more general purposes and is paid for a certain amount of time after divorce.

Permanent alimony was abolished in Florida in July of 2023 and is no longer available.

Our Alimony Lawyer in Fort Lauderdale Can Answer Your Questions

Whether you intend to pursue alimony during divorce, or defend against unfair requests for it, our Fort Lauderdale alimony lawyer at Haber Blank can help. We can answer all of your questions and build a case that will help you obtain the most favorable outcome. Call us today at 954-767-0300 or chat with us online to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html