Alimony can play a big role in your financial future after divorce. Florida judges don’t use a fixed formula: they look at whether one spouse needs support and whether the other can pay. If you understand how the court makes these decisions, you’ll be better prepared.
An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage.
The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.
Types of alimony in Florida
Florida recognizes four main types of alimony, each designed for different needs. The updated alimony law allows courts to award the following:
- Temporary alimony: Supports a spouse during divorce proceedings.
- Bridge-the-gap alimony: Helps with short-term needs, lasting up to two years.
- Rehabilitative alimony: Funds education or training, capped at five years.
- Durational alimony: Provides support for a set time, linked to the length of the marriage.
Florida no longer allows permanent alimony. Judges can order either monthly payments or lump sums.
Key factors courts consider
To award alimony, the court must see that one spouse needs support and the other can afford to pay. Judges review both financial affidavits and look at factors like:
- Marriage length: Short-term (under 10 years), moderate-term (10–20 years) or long-term (over 20 years).
- Standard of living: Lifestyle maintained during the marriage.
- Income and resources: All earnings, benefits and assets.
- Age and health: Physical and emotional condition of each spouse.
- Contributions to the marriage: Including homemaking, career support and child care.
- Adultery: Only for its economic impact on marriage.
These details help the judge create a fair support plan.
Common mistakes to avoid
Many people weaken their position by making avoidable errors. People often hurt their chances by making common mistakes:
- Failing to provide accurate financial information: Courts rely heavily on sworn affidavits.
- Assuming a fixed formula applies: While the American Academy of Matrimonial Lawyers offers a 30% minus 20% income guideline, judges are not required to use it.
- Ignoring recent law changes: Permanent alimony has been eliminated and durational limits now apply.
Overlooking the effect of retirement or cohabitation: These can lead to modification or termination of alimony.
Avoiding these errors helps whether you’re asking for alimony or opposing it.
Protecting your financial future
Alimony rulings can have a long-lasting impact. If you understand what types exist, what courts consider and what mistakes to avoid, you’ll have a stronger case.
If you’re going through divorce, speak with a family law attorney. A lawyer can explain how these rules apply to you and guide you through the process with confidence.