Alimony Lawyer Tampa, FL
Whether you’re seeking spousal support or the one who may be ordered to pay it, the stakes in an alimony case are significant. The analysis runs through Florida’s statutory framework and the evidence each side presents about income, needs, and lifetime earnings. Our Tampa, FL alimony lawyer at The McKinney Law Group has spent nearly 20 years handling Florida alimony cases, including cases brought under the 2023 reforms. Schedule a consultation to review your options.
Why Choose The McKinney Law Group for Alimony in Tampa, FL?
Florida rewrote its alimony statute in 2023, and the changes affect nearly every case filed since July of that year. Permanent alimony no longer exists. Durational support now carries percentage caps tied to the length of the marriage. Retirement-age modification and supportive-relationship provisions have their own specific rules. For clients going through a divorce today, or clients looking at modifying an older order, the statute under which the case gets decided is not the one most people remember from a decade ago.
Meet Tampa Alimony Lawyer Damien McKinney
Damien McKinney founded The McKinney Law Group after spending years at one of Tampa’s most established family law firms, and alimony has been a significant part of his practice ever since. A Florida native and Stetson University College of Law graduate, he has been handling spousal support cases for nearly two decades, including cases filed under Florida’s 2023 alimony reforms that changed the rules for most clients going through a divorce today. He knows the statute well, and more importantly, he knows how to build the financial record that actually determines the outcome.
Super Lawyers has recognized him as a Rising Star every year since 2012, and in 2016 placed him among the top 5% of attorneys in Florida with the Distinction of Excellence.
Outside of work, Damien stays involved in the Tampa community through the Gasparilla Art Festival and local arts organizations throughout the city.
Two Decades of Florida Family Law Practice
Our founding partner, Damien McKinney, finished his Juris Doctor at Stetson University College of Law in 2005, was admitted to the Florida Bar the following year, and has worked on alimony cases throughout the rewrite of the law, the transition period, and the cases now being decided under the current framework. His undergraduate degree was in psychology, which turns out to matter in alimony work more than it might sound. Fights over spousal support are rarely only about the numbers. Damien serves as a family lawyer in Tampa, FL for clients throughout the region.
The Work That Actually Determines the Outcome
Most alimony cases are won or lost at the factual level, not the legal one. Two questions drive every determination: does one party have a genuine need, and does the other have the ability to pay. The answers depend on numbers. Pay stubs, tax returns, bank statements, account balances, monthly expenses, and, in cases involving self-employed or variable-income spouses, a deeper look at what the income really is versus what the tax return reports. We build that financial record with care, because once the record exists, the legal analysis usually follows.
Professional Recognition
Damien has been recognized as a Rising Star by Super Lawyers every year since 2012 and received the Super Lawyers Distinction of Excellence in 2016. He is an active member of the Florida Bar Family Law Section and the Hillsborough County Bar Association Family Law Section.
“Mr. McKinney is not only great at what he does, but he’s also a genuine, good person. He’s easy to talk to, explains things clearly, and really takes the time to make sure you feel informed and comfortable. You can tell he truly cares about the people he works with, and that kind of support makes a big difference. I highly recommend him to anyone looking for a family lawyer who really goes the extra mile!!” – Kennedy Koonce
Read more reviews on our Google Business Profile.
A Civil, Principled Approach
Alimony disputes almost always feel personal, because money in divorce almost always feels personal. We work against that tendency. Good alimony work is grounded in the statutory factors and the numbers, not in grievance. That framing produces cleaner outcomes, lower legal costs, and better settlements than cases driven by emotion.
Types of Alimony Cases We Handle in Tampa
Our alimony work covers every form of support available under Florida’s current statute, plus modification and enforcement of existing orders.
- Bridge-the-Gap. Short-term support meant to carry a spouse through the transition from married to single life. The 2023 statute caps it at two years.
- Rehabilitative. Support tied to a documented plan for the receiving spouse to acquire or re-acquire the skills needed for self-support. The plan has to be built into the judgment. The duration cap is five years.
- Durational. Support for a set period based on the length of the marriage, with percentage caps that changed under the 2023 reform.
- Contested Divorces. Contested alimony calls for thorough financial discovery, sometimes expert input, and trial preparation.
- Uncontested Divorces. When parties agree on alimony terms, those terms get written into the settlement agreement and incorporated into the final judgment.
- High-Asset Cases. Larger estates typically involve alimony alongside substantial property division, business interests, and executive compensation questions.
- Modifications. Substantial changes in circumstances can justify modification of an existing order. Retirement at the regular age, job loss, or a supportive relationship on the receiving spouse’s side each trigger specific analysis.
- Enforcement. When a paying spouse falls behind, contempt, income deduction, and other enforcement tools come into play.
- Military Divorces. Military pay has its own components (BAH, BAS, special pays), and jurisdiction plus deployment timing affect the case.
- Prenuptial and Postnuptial Alimony Provisions. Prior marital agreements often address alimony directly. Our Tampa prenup practice handles cases where earlier agreements affect the current dispute.
Florida Legal Requirements for Alimony
The alimony statute that applies to most current cases is the 2023 version, though older orders and cases filed before the effective date can still implicate prior law.
2023 Reform. Under Florida Statutes § 61.08, the alimony statute was substantially rewritten effective July 1, 2023. Permanent alimony was eliminated. The available forms of support today are bridge-the-gap, rehabilitative, and durational, each with its own requirements and duration limits.
Duration Caps by Type. Bridge-the-gap may not exceed two years. Rehabilitative alimony is capped at five years. Durational alimony depends on the length of the marriage: for short-term marriages under 10 years, the cap is 50 percent of the length of the marriage. Moderate-term marriages between 10 and 20 years fall at 60 percent. Long-term marriages of 20 years or more reach 75 percent. The court can deviate from the caps only in specific exceptional circumstances the statute identifies.
Need and Ability to Pay. Every alimony case starts with the same threshold: does one spouse have a need for support, and does the other have the ability to pay. Without both elements, no alimony can be awarded. Each is evaluated on the evidence.
Statutory Factors. Beyond the threshold, the statute lists factors the court weighs in determining the amount and duration of any alimony award. Standard of living during the marriage. Length of the marriage. Age and physical condition of each party. Financial resources and earning capacities. Contributions to the marriage, including homemaking and child care. Responsibilities for minor children. Tax consequences. Any other factor the court finds relevant.
Modification Under § 61.14. Under Florida Statutes § 61.14, alimony can be modified when circumstances have substantially changed. The 2023 reform added specific provisions addressing modification at the regular retirement age and termination or reduction based on the receiving spouse entering a supportive relationship.
Tax Consequences. Federal tax law changed the after-tax effect of alimony for divorces finalized after December 31, 2018. Alimony from post-2018 divorces is no longer deductible by the paying spouse or taxable to the receiving spouse. That changes the real economic consequences on both sides.
Enforcement. Under Florida Statutes § 61.17, alimony obligations can be enforced through income deduction orders, contempt proceedings, and other available remedies.
Key Components of a Tampa Alimony Case
Building an Accurate Financial Picture
Alimony lives on evidence, not argument. Pay stubs, tax returns, brokerage statements, bank records, and monthly expense documentation all come into play. Self-employed parties and parties with variable income require a more detailed financial build. Lifestyle evidence (credit card statements, real property records, business records) sometimes matters more than the tax return itself. Whatever the shape of the case, the goal is a financial record that supports the legal argument.
Applying the Right Framework
The law governing the case depends on when the dissolution was filed. A 2018 case looks different from one filed in 2024. Modifications can raise their own framework questions, including how the 2023 reform affects existing orders and whether transition rules matter. We identify the framework at the outset so the strategy fits the statute that actually applies.
Documenting Standard of Living and Reasonable Needs
Standard of living during the marriage is a statutory factor. Reasonable needs after the divorce have to be documented with specifics. General narratives rarely persuade. A budget that shows categories the court actually considers (housing, transportation, healthcare, food, insurance, typical recurring expenses) with actual numbers attached is much harder to dismiss than a paragraph describing how life looked during the marriage.
Planning for the Tax and Long-Term Financial Picture
The 2019 change to federal tax treatment means alimony cash flow now behaves differently than it did under older law.
- The payor can no longer deduct.
- The recipient no longer reports alimony as income.
For long-duration awards, the difference between pre- and post-2019 treatment is substantial. We coordinate with tax and financial professionals when the situation calls for that level of planning so the settlement structure reflects real after-tax dollars rather than book numbers.
Avoiding Damaging Mistakes
A handful of mistakes cause real problems in alimony cases. Incomplete or misleading disclosure invites sanctions and a credibility finding that colors every other issue in the case. A receiving spouse who enters a supportive relationship without understanding the consequences may lose or reduce support by operation of the statute. Agreeing to alimony terms that don’t account for post-2018 tax treatment can produce an award meaningfully worse than what looks right on paper. A payor who voluntarily reduces income to avoid exposure invites imputation, which often produces a result worse than not trying. Posting case details on social media creates evidence the other side will use. These risks get discussed at the first meeting and monitored throughout the case.
Contact The McKinney Law Group
An alimony case can affect your finances long after the divorce itself is final. Whether you’re seeking support, responding to a petition, or dealing with a modification, we’re prepared to protect your best interests and help you move forward with confidence. We work with clients throughout Tampa and the surrounding region. Contact us to schedule a consultation and begin strategizing a path forward.