Spousal Support (“Alimony”)
Alimony, or spousal support, is financial assistance one spouse may be required to pay to the other after a divorce. Its primary purpose is to mitigate the economic effects of divorce by providing income to a lower-earning or non-earning spouse.
Types of Alimony
1. Bridge-the-Gap Alimony:
• Covers short-term needs during the transition to single life.
• Limited to two years and cannot be modified.
2. Rehabilitative Alimony:
• Supports a spouse in becoming self-sufficient through education or training.
• Requires a specific plan and can be modified or terminated if circumstances change.
3. Durational Alimony:
• Provides support for a set period, based on the marriage’s length.
• Duration is capped at 50% of short-term marriages, 60% of moderate-term, and 75% of long-term marriages.
• The amount can be modified, but the length is rarely adjusted.
4. Temporary Alimony
To provide spousal support during the divorce process.
Ends when the divorce is finalized.
Factors Influencing Alimony
Florida courts evaluate various factors to ensure fair alimony arrangements, including:
• Standard of Living: The lifestyle established during the marriage.
• Marriage Duration: Short-term (less than 10 years), moderate-term (10-20 years), or long-term (20+ years).
• Health and Age: Physical and emotional conditions that may affect earning capacity.
• Financial Resources: Income, assets, and liabilities of each spouse.
• Contributions to the Marriage: Such as homemaking, child care, and career-building.
Example Calculation
Scenario: Spouse A earns $120,000/year, Spouse B earns $40,000/year, and they were married for 15 years.
• Income disparity: $120,000 - $40,000 = $80,000.
• Approximate alimony: ($120,000 × 0.30) - ($40,000 × 0.20) = $28,000/year ($2,333/month).
• Duration: 15 years × 60% = 9 years.
Recent Changes to Florida Alimony Laws (2023)
• Permanent Alimony Eliminated: No longer awarded in Florida.
• Caps on Duration: Alimony duration is limited based on marriage length.
• Retirement Provisions: Obligees may seek modification or termination upon retirement.
Florida’s alimony reforms aim to create fairer, more predictable arrangements. For guidance on your case, contact Miller Legacy Law.
