How is Alimony Awarded in Florida?

People might not realize it, but in the State of Florida, a husband can petition for and be awarded alimony after a court assesses the need for the relief along with the ability to pay of the other spouse. There is no magic formula for computing the type of alimony to be paid, how much it will be or how long it will be paid for though. The governing rules have changed though with the legislature passing and Governor DeSantis signing off on Senate Bill 1796 (2022) commonly known as the alimony reform bill. A court must still be certain that the net income of the paying spouse isn’t less than that of the receiving spouse,

Types of Alimony in Florida

Florida has different types of alimony that might be paid by one spouse to another. Those consist of the following:

Temporary Alimony: This is awarded during the pendency of the divorce proceeding itself. When the divorce becomes final, it’s usually replaced by another type of alimony.

Bridge the Gap Alimony: This is intended to assist a spouse in transitioning from being married to becoming a single. It provides the funding necessary to pay for identifiable bills in connection with beginning a new life without a husband or wife.

Rehabilitative Alimony: The purported purpose of this form of alimony is to allow a spouse the opportunity to be self-sufficient by taking up new employment. It may only last for a time set by the court.

Durational Alimony: This is awarded in marriages of a short or moderate term, It’s awarded for a period not to exceed how long the couple was married. Any petition for modification of durational alimony may only turn on the amount of the award and not the duration of it.

Permanent Alimony: This was available to a husband or wife who lacked the ability to have the same standard of living as in the marriage. Permanent alimony was abolished, effective July 1, 2023.

What is Considered by Courts in Rendering Alimony Awards in Florida?

 An award of alimony cannot be punitive. Its purpose is to assist a spouse in getting back on his or her financial feet. Adultery might be considered in an award though, especially if there was a dissipation in marital funds like paying for the living expenses of a paramour. In setting any amount of alimony, the court will typically consider the following:

• The standard of living of each of the spouses during the marriage.
• The length of the marriage.
• The ages of the parties.
• Any physical or emotional impairments affecting their earning ability.
• The assumption of any debt incurred during the marriage.
• Marital and non-marital assets being distributed in the divorce.
• Whether either of the spouses will need additional education or training for employment.
• Their contributions to the marriage, including homemaking and childcare.

The new law applies to any divorce case when alimony is an issue, that was still pending on July 1, 2023or cases filed after that date.

Contact Us Today.

 If you’re thinking about filing for a Florida divorce, or you’ve been served with a summons and petition for dissolution of marriage, our knowledgeable and skilled family law attorneys will assert and endeavor to preserve your rights and assets. Contact us for a consultation and case evaluation. We’ll be pleased to discuss your options with you.

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