Of all the issues you may face in your divorce, alimony, also known as spousal support or maintenance, might be one of the most contentious. The topic of alimony often generates strong emotions, aggravating an already volatile situation. By ensuring that a lower-earning or non-earning spouse receives essential financial support after a divorce, alimony can play a crucial role in mitigating the economic impact of a divorce and promote financial fairness between divorcing spouses.
If you are navigating a Florida divorce, alimony could be a critical lifeline for enabling you to pay your bills, get updated in the current workforce, and move forward to become financially independent as a newly single person. Not all divorcing spouses will be entitled to spousal support. Let’s take a look at alimony, the types available, and how the new laws might affect you if you decide to pursue it.
What is the Purpose of Alimony?
Alimony, is a court-ordered financial obligation by one spouse to the other, which aims to assist one spouse that doesn’t have sufficient economic resources after the marriage, or provide money in recognition of one party’s marital efforts to enhance the career of the other spouse. It can act as an informal way of compensating a stay-at-home spouse who supported the marriage but didn’t actually earn money. It can ensure that the lower-earning spouse does not experience a great decline in their lifestyle, giving them the time and resources to gain economic independence.
Alimony is granted on a case-by-case basis, and the specific terms, amount, and duration of support will be different for each couple depending on their circumstances. The court will consider various factors when making its decision, such as how long the couple was married, the financial resources available to both parties, the spouse’s current and future ability to earn an income, and their physical or mental limitations. Depending on each couple’s situation, alimony can last from a few months to many years.
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Who Can Get Alimony in Florida?
The court has broad discretion in deciding who is entitled to alimony in Florida, the amount of the payments, and the type and duration of the alimony obligation. Unlike child support, which relies upon a calculation using the “Child Support Guidelines Worksheet”, there is no definitive calculation to determine the spousal support payment amount.
When determining an alimony award, the court will first consider “need” and your ex-spouse’s ability to pay. “Need” is based upon the lifestyle established during the marriage. Ability to pay is exactly as it sounds; does the paying spouse have sufficient resources. If the Court determines that there is not sufficient need, then there will not be an award of alimony. Alternatively, if the Court finds that there is a need, but that the other spouse does not have the ability to pay, then the Court will not award alimony.
If “need” and ability to pay are found, then the Court will weigh the following in its determination:
- Your and your ex-spouse’s needs and necessities after the divorce
- Your and your ex-spouse’s age
- The length of your marriage
- The standard of living you enjoyed while you were married
- Both party’s income, resources, and earning capacity
- Any monetary and nonmonetary contributions made to the household by either of you during your marriage, including homemaking, childcare, or putting aside your own education and career in support of building the other’s career
- Future child care responsibilities of your minor children, with special consideration if your child has a mental or physical disability
- Your and your ex-spouse’s physical, mental, and emotional condition
- Potential tax consequences of the alimony payments
- Any other significant factors that might facilitate economic fairness between you
The court’s alimony decision in a Florida divorce is guided by many of these factors to ensure a fair and equitable outcome for both parties. Each case is individually evaluated, which allows the court to make its decisions based on the specific needs of the divorcing couple.
What Kinds of Alimony are Available to Divorcing Spouses in Florida?
While the court will ultimately decide whether you are entitled to alimony or how much you can expect to receive, you will want to understand and determine what your personal purpose is in seeking support to strengthen your case.
Today, there are three types of alimony available in Florida.
Bridge-the-Gap Alimony
As the name implies, bridge-the-gap alimony bridges the financial gap between your married and unmarried life. It is designed to provide a newly divorced spouse with necessary financial support for a limited time. Bridge-the-gap alimony will cover essential expenses such as housing, insurance, car costs, and other immediate essentials. You can generally expect to see these payments for a short period of time following your dissolution of marriage.
Rehabilitative Alimony
Rehabilitative alimony is designed to help a divorced spouse get the necessary education or training to become financially self-sufficient. If you need further education and career training, seeking rehabilitative alimony can provide financial assistance and costs for your education for up to five years while you are investing in your future earning potential. However, the court will want to see a clear education and career plan outlining how much time and money will be needed to accomplish this.
Durational Alimony
Durational alimony offers economic support for a set time period depending on the length of the marriage, commitment to the marriage, and contributions made within the marriage. While the payments are temporary, unlike rehabilitative alimony, they aren’t contingent on a specific rehabilitation plan.
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What are Florida’s New Alimony Laws and How Could They Affect Your Potential Award?
Florida’s new alimony reform bill, enacted on July 1, 2023, has made significant changes to alimony. Some of the most notable of these are below.
The Elimination of Permanent Alimony
Under previous law, Florida was one of only a handful of states that allowed permanent alimony. Permanent alimony only ended at the death or remarriage of the receiving spouse. Permanent alimony was usually awarded only in long-term marriages where one spouse was financially dependent on the other, or age or mental or physical health conditions limited their ability to become economically independent. However, this has now been eliminated with the new reform bill.
However, this only applies that cases that were pending on or cases filed after July 1st, 2023. The change in the law does not invalidate permanent alimony awards granted prior to that date.
Caps on Alimony Terms
With the new reform bill, there are now caps on the terms of rehabilitative and durational alimony.
- Rehabilitative alimony is now capped at five years.
- Length of time for an award of monthly spousal maintenance is capped depending on the length of the marriage:
- Marriages lasting less than three years are no longer eligible for durational alimony.
- Marriages lasting three to ten years, the term of alimony cannot exceed 50% of the marriage’s length.
- For marriages 10 to 20 years, alimony is now capped at 60% of the marriage’s length.
- Marriages over 20 years, alimony is now limited to 75% of the marriage’s length. However, courts do have the authority to exceed these terms for recipients with a mental or physical disability or for those caring for a disabled child.
Caps on the Amount of Durational Alimony
Caps on the monetary amount of durational alimony will be equal to the recipient’s financial need or a maximum of 35% of the difference between the obligor and obligee’s income, whichever value is less.
Other Important Changes to Florida’s Alimony Laws
The Florida reformed alimony laws also include the following updates:
- When the court has determined that the obligor (the person that is ordered to pay the other spouse) must purchase a life insurance policy to secure an alimony award, the court must now support the circumstances that led to its decision in writing.
- If the alimony recipient, also known as the obligee, is found supporting another person in a “supportive relationship,” the court must terminate or reduce their alimony. The Court is also required to make written findings that there recipient engaged in a supportive relationship.
- When an obligor decides to retire, they can apply to the court to have their alimony payments reduced or terminated.
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The Importance of Alimony in Some Divorce Cases
Not every divorce will warrant an alimony award, but it can be a critical lifeline for some divorcing spouses.
Alimony helps maintain stability for a lower-earning or non-earning spouse after divorce, allowing them to find a new home and pay initial living expenses. It can help spouses who need time and resources to gain additional education and training to become self-sufficient. It can help compensate a spouse who gave up their own career and education for the furtherance of their spouse’s. And it can provide durational financial support for a spouse in a moderate or longer-term marriage who needs a more gradual transition from married to single life.
Unfortunately, Florida divorce law has no concrete guidelines that the court must follow when determining alimony awards. Having competent legal representation can significantly impact the court’s decisions when making these decisions. At Melone Hatley, P.C., our highly experienced Tampa family law attorneys have a deep understanding of Florida family law and what factors can make or break an alimony award. If you have questions about alimony in Florida or have other divorce concerns, call us today at (813) 576-2145 or schedule a free consultation through our website contact form.
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