Alimony

Florida Alimony Attorneys

Helping You Secure Your Financial Future Following A Divorce

Alimony is court-ordered financial support paid by one spouse to the other while they are separated and/or divorced. Either party may be ordered to pay alimony depending on one party’s need and the other party’s ability to pay. Whether or not alimony is ordered and the amount that is ordered is largely within the court’s discretion. This is one of the many reasons why it is essential to have adept Florida alimony attorneys by your side, guiding you every step of the way through your contested divorce. At Winthrop Law Offices, P.A., we are lawyers who listen to our clients’ needs and will fight aggressively to help you secure what you deserve.

What Are the Types of Alimony in Florida?

Pursuant to Florida Statutes §61.08, there are several different types of alimony that may be awarded during a divorce.

The most prominent ones are:

  • Bridge-the-Gap Alimony: Bridge-the-gap alimony is awarded when the court feels one of the parties to the divorce needs extra help transitioning to single life. It is designed to assist with identifiable, short-term needs. Bridge-the-gap alimony cannot be ordered for a period of time to exceed two years. It mainly terminates upon the death of either party or upon remarriage of the person receiving the alimony.
  • Rehabilitative Alimony: The purpose of rehabilitative alimony is to assist the receiving party in redeveloping previous skills or credentials or assisting them in obtaining the education, training, or work experience needed to develop appropriate employment skills. Rehabilitative alimony is modifiable, may not exceed five years, and when it is awarded, there must be a specific rehabilitative plan incorporated in the order granting the alimony.
  • Durational Alimony: The purpose of durational alimony is to provide support to a party for a specific period of time following a short, moderate, or long-term marriage. It typically terminates when the party receiving the alimony remarries or upon the death of either party. While the amount of durational alimony may be modified upon a showing of a substantial change in circumstances, the duration is only modified under certain circumstances. Durational alimony is limited based on the length of the marriage and cannot exceed 35% of the difference between the parties’ net incomes.
  • Permanent Alimony (Pre-July 2023 Awards Only): Florida eliminated permanent alimony for divorces filed on or after July 1, 2023. However, permanent alimony awards entered in earlier cases may still be in effect. These awards typically terminate when either party dies or when the party receiving the alimony remarries, and Florida also considers a supportive relationship (from someone else) to be grounds to terminate or modify an existing award.

How Florida’s 2023 Alimony Reform Changed Spousal Support

Florida eliminated permanent alimony for divorces filed on or after July 1, 2023, and placed new limits on how much and how long durational alimony can last. If you’re seeking alimony or may be ordered to pay it, these changes directly affect what you can expect.

Key Changes Under Alimony Reform

  • Permanent alimony is no longer available. For new cases, courts can no longer award open-ended lifetime support. Awards issued before the reform generally remain in place.
  • New marriage length categories. Florida law now defines a short-term marriage as under 10 years, a moderate-term marriage as 10 to 20 years, and a long-term marriage as 20 years or more.
  • Durational alimony limits by marriage length. Durational alimony cannot exceed 50% of the marriage length for short marriages, 60% for moderate marriages, or 75% for long marriages, except in exceptional circumstances.
  • Amount caps. Durational alimony is limited to the lesser of the recipient spouse’s reasonable need or 35% of the difference between the parties’ net incomes.
  • Rehabilitative alimony time limit. Rehabilitative awards are now capped at five years.

Because alimony reform reshaped how these cases are decided, working with divorce attorneys who stay current on Florida family law statutes is essential to protecting your financial future.

Temporary and Lump Sum Alimony in Florida

Beyond bridge-the-gap, rehabilitative, and durational awards, Florida courts can also order temporary alimony during the divorce and lump sum alimony as a one-time or fixed payment. Each serves a distinct purpose in the divorce process.

Temporary Alimony

Temporary alimony provides spousal support while the divorce is pending. It helps the supported spouse cover living expenses, housing, and health insurance before the final judgment is entered.

  • Often addressed alongside temporary child support, child custody, and parenting plans
  • Can help a spouse who lost access to joint bank accounts or household income during separation
  • Ends when the court issues its final judgment

Lump Sum Alimony

Lump sum alimony is paid as a single amount or in fixed installments and is typically non-modifiable once ordered.

  • May be used to balance the division of marital assets
  • Can provide a clean financial break between spouses
  • Is sometimes paid by transferring property, retirement accounts, or other assets instead of cash

Securing Alimony Payments

Courts may also require the paying spouse to maintain a life insurance policy to secure alimony payments if they pass away. Our matrimonial lawyers evaluate which form of economic assistance best fits your circumstances.

How Courts Calculate Alimony and Handle Modification

Determining alimony depends on accurate financial disclosure, each spouse’s real earning ability, and the paying spouse’s ability to pay — and awards can be modified later if circumstances substantially change. Getting these details right from the start shapes the outcome of your case.

Financial Disclosure and Imputed Income

  • Full disclosure is required. Both spouses must provide complete financial information, including income, debts, retirement accounts, and other financial resources.
  • Voluntary unemployment. Florida courts must consider whether either spouse is voluntarily unemployed or underemployed.
  • Imputed income. If a spouse is capable of earning more, the court can impute income based on their vocational skills, work history, and ability to acquire sufficient education for self-support.

Tax Treatment of Alimony

For divorces finalized after December 31, 2018, the paying spouse cannot deduct alimony payments, and the recipient does not pay taxes on them. Understanding these tax consequences affects how settlements are negotiated.

Alimony Modification

  • Modification generally requires a substantial change in circumstances, such as job loss or a supportive relationship
  • Retirement of the paying spouse may justify a request
  • Negotiation and mediation are encouraged before litigation in family law cases

Our Florida alimony attorneys help clients seek fair terms or pursue modification when their financial situation changes.

Factors Considered By The Court When Awarding Alimony

The court may consider multiple factors when awarding alimony, pursuant to Florida Statute Ann §61.08.

This includes but is not limited to the following:

  • The duration of the marriage
  • The financial resources of each party
  • The standard of living established during the marriage
  • The age, physical condition, and emotional state of each party

For more information on alimony, click here.

Speak With One Of Our Experienced Florida Alimony Attorneys 

Alimony is a very contentious topic during divorce, as it can affect your financial well-being for many years to come. It is imperative to retain counsel that understands Florida’s alimony laws and procedures and will vigorously advocate your position. The Florida alimony attorneys at Winthrop Law Offices, P.A., are dedicated to providing every client with unparalleled representation. Contact our firm today to schedule a free consultation.