Florida Spousal Support or Alimony Laws

Alimony, or spousal support, is a court-ordered payment from one spouse to the other after divorce. It alleviates one spouse's economic burdens and enables that spouse to become self-supporting.

In the state of Florida, courts make alimony awards after property division. After dividing the marital estate, the court determines who must pay alimony and what amount. Either spouse can receive spousal support. FindLaw also provides state-specific links to alimony court forms and instructions.

Spousal Support Agreements

Spouses may agree on alimony without going to court. If the spouses arrive at an alimony payment that suits both parties' needs, they must present it to the court so it becomes part of the marital agreement.

It can be difficult to enforce alimony payments if the payor spouse stops payments in the future. Enforcing an alimony payment against a spouse may require the recipient to file a claim in court, which can be expensive. According to state law, Florida alimony payments go through the State Disbursement Unit (SDU).

Factors in Alimony Determinations

During divorce proceedings, family law judges consider various factors when determining an alimony award. Florida is an equitable division state, so courts divide property separately from any support orders. A judge must first consider the payor's ability to pay spousal support and if the payee has an actual need for assistance.

The judge must also consider:

• The couple's standard of living during the marriage
• Duration of the marriage
• Age and health of the spouses
• Financial resources, including marital and non-marital assets awarded during property distribution
• Income-earning capacity, education, vocational skills, and time needed to develop needed skills for employment
• Contributions of each spouse to the marriage, including homemaking, education, the career of the other spouse, etc.
• Duties to any minor children following the divorce (courts will give precedence to child support and child custody over alimony)

Florida is a no-fault state when it comes to divorce. This means spouses don’t need to prove adultery, abandonment, or neglect. However, such evidence may increase the likelihood of alimony, particularly if the unfaithful spouse dissipated marital funds during the affair.

Types of Alimony in Florida

In 2023, the governor signed a major alimony reform bill into law. This altered the types of alimony awards available and capped any award of durational alimony. The bill abolished permanent alimony as of July 1, 2023. This list summarizes the new rules on the duration and amount of alimony awarded in Florida:

• Bridge-the-gap alimony: As the name suggests, this alimony meets the recipient's short-term needs. It provides financial support during the transition into single life. State statute limits this alimony to two years, and judges cannot extend or increase the award.

• Rehabilitative alimony: Like bridge-the-gap, payees receive rehabilitative alimony for a short period of time. It helps the payee spouse develop vocational skills or work experience. For an award of this alimony, the spouse must have a specific plan included in the support order. The new law limits this alimony to five years.

• Lump-sum alimony: Payors can pay any kind of alimony in installments or as a one-time payment.

Durational alimony was most affected by the changes to Florida alimony law. This alimony is based on the length of the marriage.

• Very short-term marriages (less than three years) are ineligible for alimony
• Short-term marriages (3-10 years) receive alimony for 50% of the marriage's length
• Moderate-term marriages (10-20 years) receive alimony for 60% of the marriage's length
• Long-term marriages (over 20 years) receive alimony for 75% of the marriage's length

The amount of alimony is the lesser of the recipient's need or 35% of the difference in the payor's and payee's incomes, whichever is less.

In exceptional circumstances, such as physical or mental disability, judges may award long-term alimony beyond the limit.

Talk to a Florida Divorce Attorney

The new laws about Florida alimony affect everyone considering dissolution of marriage. Talk to a Florida divorce lawyer for legal advice about your divorce.