Alimony is a legal obligation for one spouse to provide financial support to the other after a separation or divorce. In Florida, alimony is governed by statute, and courts generally look at two threshold questions: whether one spouse has a need for support, and whether the other spouse has the ability to pay. If both are established, the court then considers the type, amount, and duration of alimony that may be appropriate.

Types of Alimony in Florida (Current Law):

Temporary Alimony

Temporary alimony may be awarded while a divorce case is pending. Its purpose is to help maintain financial stability during the process. It typically ends when the case is finalized.

Bridge-the-Gap Alimony

Bridge-the-gap alimony is designed to assist a spouse with short-term, identifiable needs as they transition from married to single life. It is limited in duration and may not exceed two years. This type of alimony is generally not modifiable in amount or duration.

Rehabilitative Alimony

Rehabilitative alimony is intended to support a spouse in becoming self-supporting through education, training, or work experience. It requires a specific plan outlining the steps needed to achieve that goal, and by law it cannot last longer than five years. The court may modify or terminate this type of alimony if there is a substantial change in circumstances or if the plan is not followed.

Durational Alimony

Durational alimony provides financial support for a set period following a marriage. Florida law limits it in three ways: it is not available at all for marriages shorter than three years; its length cannot exceed 50% of the marriage for a short-term marriage, 60% for a moderate-term marriage, or 75% for a long-term marriage; and the amount cannot exceed a spouse’s reasonable need or 35% of the difference between the parties’ net incomes, whichever is less.

Lump Sum Alimony

Lump sum alimony involves a fixed total amount, which may be paid all at once or over time. It can be used in place of or in addition to other forms of support and is sometimes tied to the division of assets.

Important Note:
Florida law no longer provides for permanent alimony. All forms of support are now structured with defined purposes and, in most cases, time limitations.

Factors That May Affect Alimony

Once need and ability to pay are established, Florida courts consider a number of factors under Section 61.08 when determining alimony. These may include:

Length of the marriage
Florida law classifies a marriage of less than 10 years as short-term, 10 to 20 years as moderate-term, and more than 20 years as long-term. This classification drives both the type of alimony available and the durational caps described above.

Standard of living during the marriage
Courts may look at the lifestyle established during the marriage as one factor among many.

Age and physical and emotional condition of each spouse
Health and age can affect a person’s ability to work and support themselves.

Financial resources of each party
This includes income, assets, and liabilities, as well as nonmarital and marital property distributed in the divorce.

Earning capacities and employability
Courts may consider education, work history, skills, and the time needed for training or reentry into the workforce.

Contributions to the marriage
This can include not only financial contributions, but also roles such as homemaking, childcare, and supporting the other spouse’s career or education.

Responsibilities for minor children
Ongoing parenting responsibilities may affect a spouse’s ability to work full-time.

Any other factor necessary to do equity and justice between the parties

**Alimony decisions are highly fact-specific. Outcomes can vary depending on the unique circumstances of each case.

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