Your Alimony Questions Answered: Spousal Support in Florida Divorce

Spousal support – or alimony – is always a contentious part of divorce, and many of you have lots of good questions on the topic. Here, our family law attorneys serving Downtown Miami answer some of the most common ones we’ve received from clients like you who are wondering about all things alimony.

Am I entitled to alimony even without kids?

Yes. Alimony is separate from child support. A judge must first find that you have a need for support and that your spouse has the ability to pay. The court then decides the type and amount using the factors in section 61.08. If you want a general estimate based on income and other financial factors, you can calculate spousal support using our Florida alimony calculator.

My soon-to-be ex makes more money than me. Can I ask for alimony?

Yes. Gender does not control alimony. If you prove need and the other party’s ability to pay, the court may award temporary, bridge-the-gap, rehabilitative, or durational alimony consistent with the 2023 statute.

How long do alimony payments last?

Florida eliminated permanent alimony in 2023. Durational alimony cannot be ordered if the marriage lasted under 3 years, and the term is capped at 50 percent of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage, with narrow exceptions. Rehabilitative alimony is limited to 5 years. Bridge-the-gap may not exceed 2 years.

Can I stop paying alimony?

You cannot stop paying unless the court modifies or terminates the order. You may seek a change under section 61.14 if there is a substantial change in circumstances. The law also provides specific paths: the court must reduce or terminate alimony upon findings of a supportive relationship, and you may petition in reasonable anticipation of retirement or after a reasonable and voluntary retirement. Until a new order is entered, the existing order controls.

Do I have to pay alimony if I have custody?

Custody does not decide alimony. The court still applies section 61.08’s need and ability to pay analysis and then selects the appropriate type and amount. Child support and alimony are separate.

What disqualifies you from receiving alimony?

Alimony normally terminates on remarriage of the recipient or the death of either party, as set out in section 61.08. A supportive relationship can also lead to reduction or termination when the court makes the required findings under section 61.14. Other changes, such as income shifts or completion of a rehabilitative plan, may justify modification.

What’s the difference between child support and alimony? Do you have to pay both?

Child support is for the child’s needs and is calculated under section 61.30. Alimony supports a spouse based on need and ability to pay under section 61.08. It is possible to owe both depending on your case. For agreements executed after December 31, 2018, alimony is not deductible by the payor and not taxable to the recipient under federal law.

For more answers to your alimony, Florida child support and family law questions, please schedule a free consultation with our team at the Vasquez de Lara Law Group. 

Whether you are navigating the recent legislative changes to spousal support or seeking to modify an existing order, our Florida alimony services provide the strategic advocacy needed to protect your financial future.