Florida law calls spousal support alimony. The state reformed its alimony law in 2023, eliminating permanent alimony and replacing it with time-limited support tied to need and the length of the marriage. A Tampa alimony lawyer can tell you what type and amount may apply to your case.
When a Court Awards Alimony
Alimony is not automatic. The court first decides whether one spouse has an actual need for support and whether the other spouse has the ability to pay. If both are present, the court then weighs a list of factors set out in section 61.08 of the Florida Statutes. Those factors include the length of the marriage, the standard of living during it, each spouse’s age and health, financial resources and earning capacity, and the contributions each made, including homemaking and the care of children. A court may also consider adultery and any economic effect it had on the marriage.
Types of Alimony
Florida now recognizes four types of alimony. Temporary alimony provides support while the divorce is pending. Bridge-the-gap alimony helps a spouse move from married to single life and cannot exceed two years. Rehabilitative alimony supports a spouse who is gaining the education or skills to become self-supporting, requires a specific plan, and cannot exceed five years. Durational alimony provides support for a set period after marriages that last at least three years.
How Much and How Long
Durational alimony carries firm limits. The amount may not exceed the lesser of the recipient’s reasonable need or 35 percent of the difference between the parties’ net incomes. The length depends on the marriage. Florida treats a marriage under 10 years as short-term, 10 to 20 years as moderate-term, and 20 years or more as long-term. Durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage. The court completes property division before it sets alimony.
Changing or Ending Alimony
Most alimony can be changed when circumstances change substantially. As explained on the modifications page, a paying spouse’s retirement or the recipient’s supportive relationship with another person can reduce or end the award. Bridge-the-gap alimony is an exception and cannot be modified. The tax treatment of alimony is addressed on the divorce finances page. A Clearwater divorce lawyer can review how these rules apply to your situation.
The McKinney Law Group handles alimony in divorces of every length and income level, from initial awards to modifications. Consult a St. Petersburg family lawyer and contact our office to schedule a consultation regarding your situation.