Florida Alimony Lawyer

For new cases, yes. Since July 1, 2023, section 61.08 lists only four types of alimony: temporary, bridge-the-gap, rehabilitative and durational. The statute applies to initial divorce petitions that were pending or filed on or after that date. That does not mean a long marriage ends with little support. Durational alimony after a long-term marriage can last up to 75 percent of the length of the marriage, and longer in exceptional circumstances. We can review how the current law applies to your marriage in a free consultation.

There is no simple formula. The court first decides need and ability to pay, then weighs the factors in section 61.08(3), including the standard of living during the marriage, each spouse's income and resources, and earning capacity. For durational alimony, the amount may not exceed the lesser of the recipient's reasonable need or 35 percent of the difference between the spouses' net incomes. When one spouse earns a great deal, the 35 percent figure can exceed the documented need, so need often sets the amount. Proving or testing that need is the core of the work.

It depends on the length of the marriage. Durational alimony may not exceed 50 percent of a short-term marriage (under 10 years), 60 percent of a moderate-term marriage (10 to 20 years) or 75 percent of a long-term marriage (20 years or more), and it is not available after a marriage of less than 3 years. These are maximums, not automatic terms. The court can go beyond them only in exceptional circumstances shown by clear and convincing evidence. The award ends on the death of either spouse or the remarriage of the recipient.

Often, yes, unless it is bridge-the-gap alimony, which cannot be modified, or the wording of your settlement agreement affects the answer. A lasting, substantial change in circumstances, such as a real drop in income, can support a petition under section 61.14. For retirement, the court may reduce or terminate alimony when the payor has reached normal retirement age under Social Security or the customary retirement age for the profession, and has retired or taken measurable steps to retire. A payor can file up to 6 months before a planned retirement.

Section 61.08 states that it applies to initial divorce petitions pending or filed on or after July 1, 2023. By its own terms, it does not end a permanent alimony award entered earlier. Changes to an existing award go through the modification rules in section 61.14, which address changed circumstances, supportive relationships and a payor's retirement. Whether and how those rules apply to a particular older award depends on the wording of the judgment or agreement, what has changed since the divorce and how Florida courts apply the 2023 changes. We can review your existing judgment and agreement with you.

It is short-term support to help a spouse make the move from married life to single life. It is meant for legitimate, identifiable short-term needs, such as housing costs while a home is sold or expenses until a new job starts. It may not last longer than 2 years, it ends on the death of either spouse or the recipient's remarriage, and it cannot be modified in amount or duration once ordered (section 61.08(6)). We can talk through whether it fits your situation.

Rehabilitative alimony helps a spouse become able to support themselves, either by redeveloping skills or credentials they had before, or by getting the education, training or work experience needed for suitable employment. The order must include a specific and defined rehabilitative plan, and the award may not exceed 5 years (section 61.08(7)). It can be modified or ended if circumstances change substantially, if the plan is not followed, or if the plan is finished early. We can help you put a realistic plan in front of the court.

Yes. Section 61.071 allows a spouse to ask for alimony and suit money in the petition or by motion while the case is open, and the court allows a reasonable amount when the request is well founded. Temporary alimony is also one of the forms listed in section 61.08. In a higher-income household, a temporary order can cover the mortgage, living expenses and the cost of litigating until the final hearing. The paying spouse can contest the amount requested. A free consultation is a good place to start.

It can. Florida is a no-fault divorce state, but section 61.08(1) allows the court to consider the adultery of either spouse and any economic impact it caused when deciding how much alimony, if any, to award. The focus is on money: for example, marital funds spent on an affair, or a relationship that changed the household's finances. Adultery does not automatically bar or require an award, and the court still weighs all the factors in section 61.08(3). We can look at what it may mean for support in your case.

Yes. Section 61.08(3)(b) lists the standard of living established during the marriage, along with the anticipated needs and necessities of life for each spouse after the final judgment. In higher-income cases, the standard of living is often disputed: one spouse may describe travel, private schools and club memberships, while the other points to what the family actually spent. Bank records, credit card statements and the financial affidavits usually settle that question better than memory does. We can help you assemble the records that matter.

Possibly, but not automatically. Section 61.08(4) lets the court order the paying spouse to buy or keep a life insurance policy or a bond, or to secure alimony with other suitable assets, to the extent needed to protect the award. The court must make specific findings that special circumstances justify the insurance or bond, and it may split the cost between the spouses based on what each can afford. We can review what security, if any, makes sense in your case.

It is a relationship between the recipient and someone who is not a relative that provides financial support similar to a marriage. A romantic or sexual relationship is not required. Under section 61.14(1)(b), if the paying spouse proves a supportive relationship, the court must reduce or terminate alimony after written findings. The court looks at factors such as living together, a shared address, pooled money or joint accounts, paying each other's bills and acquiring property together. The burden then shifts to the recipient to show why support should not be reduced. We represent both payors and recipients.

Under federal law, for divorce or separation agreements and orders made after December 31, 2018, alimony is generally not deductible by the payor and not taxable income to the recipient. Older orders can still follow the earlier rules, where the payor deducted alimony and the recipient reported it as income. Florida has no state personal income tax. The timing and wording of an agreement can affect tax treatment, so talk to your tax adviser before you sign. We coordinate with tax advisers when needed.

Yes. Florida's Uniform Premarital Agreement Act, section 61.079, allows spouses to agree in writing on the modification or elimination of spousal support. The agreement can be challenged if it was not signed voluntarily, was the product of fraud, duress, coercion or overreaching, or was unconscionable when signed without fair financial disclosure. There is also a limit: if eliminating support would leave a spouse eligible for public assistance, the court may require support to the extent needed to avoid that. We can review your agreement before the divorce begins.

It can. Under section 61.16, after considering the financial resources of both spouses, the court may order one spouse to pay a reasonable amount of the other spouse's attorney's fees, suit money and costs. This can happen during the case, not only at the end, and it also applies to modification and enforcement proceedings and appeals. The idea is that both spouses should be able to present their case, even if one controls most of the income. We explain how our own fees work before you commit to anything.