Alimony in Florida
In July 2023, Florida's alimony statute changed significantly: permanent alimony is gone, a statutory formula now guides amounts, and adultery of either party can be considered.
The four types of alimony
Lump sum
A one-time payment, received or paid once.
Rehabilitative
Funds education, training, or the redevelopment of prior skills so the recipient becomes self-supporting. Requires a written plan, lasts no more than 5 years, and can be modified on a substantial change in circumstances.
Bridge-the-gap
Short-term help transitioning to single life, for a legitimate short-term need. Lasts no more than 2 years, ends on death or remarriage, and cannot be modified.
Durational
Support for a set period tied to the length of the marriage. Not available for marriages under 3 years.
How long durational alimony lasts
Marriages are classified as short-term (less than 10 years), moderate-term (10 to 20), or long-term (over 20). Durational alimony cannot exceed 50% of the length of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage.
Example: a 15-year marriage is 180 months. Sixty percent of 180 is 108, so durational alimony runs at most 108 months.
How much you will pay or receive
The amount is the recipient's reasonable need, or 35% of the net difference in monthly incomes, whichever is less.
Example: if your net monthly income is $2,000 and the recipient's is $1,000, the difference is $1,000 and 35% of it is $350. If the recipient's proven reasonable need is less than $350, the court awards the lesser amount.
Will the court order alimony at all?
Before type or amount, a two-prong test must be met, and the burden is on the person seeking alimony: prove an actual need, and prove the other party's ability to pay. Fail either prong and there is no award. If both are met, the court weighs:
The length of the marriage.
The standard of living during the marriage.
The physical and mental condition of the parties.
The resources, income, and earning capacities of the parties.
The contribution of each party to the marriage.
The responsibilities each party will carry for minor children.
Any other factor necessary for equity and justice.
Related reading
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