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Alimony in Florida: The Complete Guide

If you’re entering the Florida alimony process but aren’t sure where to start, it’s helpful to understand Florida’s alimony laws, the different types of alimony available, and the implications for your financial future.

How is alimony determined in Florida? This comprehensive guide to alimony in Florida will walk you through the current state laws, qualifications for eligibility, and how a court calculates the payments owed. With this information at your fingertips, you can navigate this process with more clarity and confidence.

Understanding Alimony in Florida

Family having a serious discussion about alimony in Florida

Is there alimony in Florida? The short answer is yes. A court can award financial assistance from one spouse to another as part of the terms of divorce when there’s a reasonable need.

What is alimony in Florida?

Alimony is a legal settlement in which a court orders one spouse to financially assist the other spouse during and/or upon finalizing their divorce. The type, amount, duration, and qualifications for alimony are based on factors like each person’s net income and earning potential, as well as the number of years the marriage lasted.

Florida Alimony Laws

Florida’s alimony laws establish the rules courts follow when determining whether one spouse must provide financial support to the other after a divorce. Familiarizing yourself with these laws can help you set realistic expectations, evaluate potential settlement options, and better prepare yourself for the divorce process. Here are some of the key provisions of Florida’s current alimony laws.

  • Need and ability to pay: To award alimony, the court determines one spouse’s need for financial assistance and the other spouse’s ability to provide it.
  • No permanent alimony: The newest Florida alimony law bans courts from awarding permanent alimony in divorce cases filed after July 1, 2023.
  • Kinds of alimony: The state of Florida allows courts to grant temporary, bridge-the-gap, rehabilitative, and durational alimony.
  • Durational alimony limits: Courts have the ability to cap the duration for which someone is eligible to receive alimony in Florida based on how long they were married.
  • Marriage duration categories: The state of Florida classifies marriages as short-term (less than 10 years), moderate-term (10–20 years), or long-term (20+ years).
  • Alimony amount cap: The amount of alimony must not exceed the recipient’s financial need or 35% of each spouse’s net income difference.
  • Modification of alimony: Courts can modify the terms of alimony if either the recipient or payor’s circumstances change drastically.
  • Termination of alimony: Alimony is usually terminated if the recipient remarries or enters a supportive relationship, or if either spouse dies.

Based on recent changes in Florida alimony law, this financial assistance is usually not tax-deductible (with one notable exception that we’ll cover later).

Florida’s alimony law includes several other important provisions related to alimony:

  • Bridge-the-gap alimony: Compensation for short-term transitions
  • Rehabilitative alimony: Compensation to re-enter the work force and seek education or job training to do so
  • Adultery consideration: A court may account for the economic impact of adultery in determining the alimony award
  • Written findings requirement: A court must explain alimony awards in writing
  • Payor protection: In most cases, alimony must not leave the payor with a much lower net income than the recipient

Types of Alimony in Florida

Gavel and cash representing the types of alimony in Florida

There are four different types of alimony in Florida to cover specific financial needs throughout and often following a divorce. Let’s discuss what each type entails, how it functions, and the duration and circumstances under which a court can award it.

Temporary Alimony

The lower-earning spouse can request temporary alimony in Florida to cover their basic living expenses while the divorce proceedings are still underway. This compensation will terminate once the divorce settlement is finalized, or a court can modify and replace it with one of the three longer-term alimony classifications.

Bridge-the-Gap Alimony

After a divorce, the lower-earning spouse can receive bridge-the-gap alimony to help transition out of the marriage and ease the financial burdens of living apart. A court may award this alimony based on reasonable, identifiable need, but it will automatically terminate after two years, and modifications are not allowed.

Rehabilitative Alimony

If a spouse needs financial assistance to acquire the education, job training, or professional certifications to become self-sufficient, they can seek rehabilitative alimony. Before awarding it, the court must see a clear rehabilitation plan. This compensation will terminate after five years, but modifications may be available.

Durational Alimony

In cases when a spouse demonstrates financial need but doesn’t qualify for bridge-the-gap or rehabilitative alimony, the final option is durational alimony. The compensation is offered for a set period of time, based on how long the recipient was married. This timeframe cannot exceed the marriage duration, and the alimony amount must fall within Florida’s statutory caps (35% of each spouse’s net income difference, as mentioned earlier, or the spouse’s need).

How Does Alimony Work in Florida

Woman using a calculator to estimate alimony payments in Florida

As mentioned earlier, alimony in Florida is a court’s decision to award financial assistance for a certain amount of time as part of a divorce settlement. Before awarding alimony, the court weighs one spouse’s financial need against the other spouse’s ability to pay. It’s not an automatic guarantee, and the terms can also shift based on fluctuating circumstances. Here’s how the process works.

How Is Alimony Calculated in Florida?

Unlike child support, Florida law does not use a rigid formula to calculate alimony. Instead, courts evaluate each case individually based on the parties’ financial circumstances. For durational alimony, the award can’t exceed the recipient’s reasonable need or 35% of the difference between the spouses’ net incomes, whichever is lower.

For a preliminary estimate of a potential alimony award, use our Florida alimony calculator.

What Qualifies a Spouse for Alimony in Florida?

The main criterion that determines whether someone is eligible for alimony is financial need. Here are some other considerations that may factor into a court’s decision to award alimony:

  • The lower-earning spouse’s financial need
  • The higher-earning spouse’s ability to afford payments
  • Total debts, assets, and standard of living in the marriage
  • Each person’s overall earning capacity
  • Each person’s financial contributions to the marriage
  • Each person’s logistical contributions (raising children, for example)
  • Each person’s age, physical health, and mental state
  • The amount of time they were married

How Long Does Alimony Last in Florida?

In most cases, alimony in Florida will last between a maximum of two years (bridge-the-gap alimony) and five years (rehabilitative alimony). The notable exception is durational alimony, which can be received for a specific amount of time established by a court. The court generally limits the length of durational alimony to a percentage of the length of the marriage:

  • Short-term marriage (3–10 years): Up to 50% of the length of the marriage
  • Moderate-term marriage (10–20 years): Up to 60% of the length of the marriage
  • Long-term marriage (20+ years): Up to 75% of the length of the marriage

When Alimony in Florida Can Be Modified or Terminated

Certain life and legal situations can warrant modifying the terms of alimony in Florida. These are the most common instances in which a court might allow modifications:

  • Circumstantial shifts: Changes in either spouse’s health, income, employment status, or other factors that could significantly impact their finances
  • Cohabitation or remarriage: The recipient either marries or lives with a new romantic partner who contributes to the household expenses
  • Retirement: The payor retires from their job and no longer receives a steady income
  • Death of either spouse: Alimony generally terminates if the payor or recipient dies, unless otherwise specified in the original settlement

Hiring the Right Lawyer Matters When It Comes to Alimony

Attorney addresses the court in a case involving Florida alimony law

The legal intricacies of alimony in Florida can be difficult to navigate since each case hinges on specific financial and marital circumstances. Hiring an experienced family lawyer can help you understand Florida’s alimony laws, protect your rights, and improve your chances of achieving a fair outcome.

On the other hand, without reliable, trusted legal representation, you could risk agreeing to terms that aren’t in your best interest and miss opportunities to secure, modify, or challenge the alimony settlement. An experienced family lawyer can assist you by:

  • Explaining how the current state laws factor into your unique financial situation
  • Reviewing your income, assets, expenses, and other relevant monetary evidence
  • Creating a strong case to either bolster or contest the alimony request
  • Advocating for you in all hearings, mediations, and other court proceedings
  • Negotiating the settlement terms to reach a fair outcome without excess litigation
  • Minimizing the risk of errors that could affect your post-divorce financial future
  • Filing petitions to modify or reinforce the alimony terms later on if necessary.

FAQs: Alimony in Florida

Couple in living room experiencing marital conflict before seeking guidance on alimony in Florida

How much alimony does a spouse get in Florida?

The court takes several factors into account when determining the alimony sum to award. These factors include how long you were married, both spouses’ income and earning potential, and the payor’s ability to afford the payments. Florida state law caps alimony at the lower-earning spouse’s reasonable need or 35% of the difference between each spouse’s net incomes.

What disqualifies you from receiving alimony in Florida?

Since alimony is a result of financial need, spouses who can comfortably support themselves will not receive alimony in Florida. In addition, marriages lasting three years or less are not eligible for durational alimony. However, the other types of alimony don’t have that specific marriage-length requirement. A valid prenuptial agreement may also waive a spouse’s right to seek alimony.

What is a wife entitled to in a divorce in Florida?

In Florida, both parties, regardless of gender, are generally entitled to an equitable distribution of marital assets and liabilities upon divorce. This usually includes the home, vehicles, debt balances, and retirement accounts. The divorce can also address other financial issues, such as alimony, as discussed in this article, child support, and legal fees during or after the divorce case.

How long do you have to be married in Florida for alimony?

You can request alimony even in short-term marriages, but for durational alimony, which provides support for a set period following a divorce, marriages lasting three years or less are not eligible.

Is alimony taxable in Florida?

There’s only one specific case in which alimony is taxable in Florida. According to the IRS, if a divorce was finalized before January 1, 2019, the alimony recipient must include alimony in their taxes, while the payor can write it off their taxes. But for any divorce that took place after this date, alimony is neither tax-reportable nor tax-deductible.

Trusted Alimony Guidance From Vasquez De Lara Law Group

Navigating alimony in Florida can seem confusing or even overwhelming at first. Understanding your legal options and the support available can help you approach the process with greater confidence.

Whether you need to secure, modify, or contest alimony, having an experienced attorney can make all the difference. Schedule a free case evaluation today with Vasquez De Lara Law Group to discuss your situation and options.

About the Author

Vanessa_Vasquez De Lara Divorce Attorney

Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.

A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.

Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.

Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.

Connect with Vanessa:
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