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Types of Alimony in Florida: The Complete Guide

Divorcing couple discussing the types of alimony in Florida with a legal professional

If you’re facing divorce in Florida, it’s important to know which types of alimony might be available and what each entails. There are four distinct types of alimony in Florida: temporary, durational, bridge-the-gap, and rehabilitative.

Keep reading to learn how each of these categories functions, who may qualify for them, and how the court determines which type of alimony to award, along with other factors a judge will consider during proceedings. The more you know about this process beforehand, the easier it will be to navigate, so let’s dive into the four types of alimony in Florida.

What Are the Types of Alimony in Florida?

As mentioned above, the state of Florida recognizes four different types of alimony that may be awarded in divorce cases. The current Florida alimony classifications include temporary alimony, bridge-the-gap alimony, durational alimony, and rehabilitative alimony.

Here’s a brief rundown of how each type works, according to the Florida Statutes § 61.08.

Overview of the types of alimony in Florida

Alimony Type Purpose Duration and Key Terms
Temporary alimony Helps cover basic living expenses while the divorce is still pending Until the divorce is finalized
Bridge-the-gap alimony Supports the recipient’s transition from married to single life Up to 2 years
Rehabilitative alimony Helps the recipient obtain the job skills or education they need to become self-supporting Up to 5 years; requires the recipient to follow a written rehabilitative plan
Durational alimony Provides financial support for a set period of time after the divorce is finalized Up to 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage

What is temporary alimony in Florida?

Temporary alimony helps the recipient maintain financial stability while a divorce is in progress. The spouse who receives temporary alimony can use it to cover expenses like housing, utilities, insurance, groceries, or other basic essentials while the case is underway.

A judge can award temporary alimony if one spouse demonstrates a legitimate financial need and the other spouse is able to make the payments. However, unlike post-divorce alimony — which the court awards for a specified time period after the divorce — temporary alimony ends once the divorce has been finalized.

What is bridge-the-gap alimony in Florida?

Bridge-the-gap alimony makes it easier for the recipient to land on their feet after a divorce. This type of alimony helps with the transition back to single life and can be used for specific, short-term needs such as moving costs, car payments, or housing.

Bridge-the-gap alimony terminates after a maximum of two years — or earlier if the recipient gets remarried or either party dies. Because it’s intended to provide short-term assistance, not long-term support, the amount or duration can’t be changed after the fact.

What is rehabilitative alimony in Florida?

Rehabilitative alimony provides financial assistance to help the recipient acquire or redevelop the necessary skills or experience to become self-supporting. It can be used for job certifications, educational courses, or career development programs to reenter the workforce and earn a sustainable income after the divorce. Rehabilitative alimony requires a specific written plan detailing what the recipient will do to obtain these credentials and how long it will take.

Rehabilitative alimony lasts up to five years, but a court can modify or terminate it earlier if the recipient finishes or fails to follow the plan, or if circumstances change substantially. Rehabilitative alimony functions as a short-term path toward financial independence, unlike durational alimony, which provides support for a set period.

What is durational alimony in Florida?

Durational alimony provides financial support for a set period after a divorce. A spouse cannot qualify for durational alimony unless the marriage lasted for at least three years, and Florida law places statutory limits on both the alimony duration and the amount a recipient may receive.

A judge calculates the amount of durational alimony based on either the recipient’s need or an amount that doesn’t exceed 35% of the difference between the parties’ net incomes, whichever is less.

The length of durational alimony depends on the number of years the marriage lasted. For short-term marriages (three to fewer than 10 years), the award is capped at 50% of that time period, while moderate-term marriages (10 to fewer than 20 years) cap at 60% and long-term marriages (20 years or longer) cap at 75%. For instance, durational alimony for a 15-year marriage cannot exceed nine years.

Durational alimony will terminate if the recipient remarries or enters into another financially supportive relationship, or if either party dies. A court can modify the amount or duration if a substantial life change, such as retirement or unemployment, affects the other spouse’s ability to make payments.

How Does a Judge Decide Which Type of Alimony To Award?

Florida alimony lawyer reviewing financial documents with a divorcing couple

Rather than following one universal formula to determine which of these alimony categories to award, the court takes both spouses’ individual circumstances into account. Florida judges use two main criteria to make their ruling:

  • Does the spouse requesting alimony have an actual financial need?
  • Does the other spouse have the ability to pay?

If the answer to either of these questions is no, the court will not award alimony. But if the court does rule in favor of alimony, a judge will also look at other relevant factors in the case to determine which type of alimony makes sense. Below are some of the considerations that can influence the court’s final decision about which type of alimony to award:

Factors Florida courts consider when determining the type of alimony

  • The number of years the marriage lasted
  • Both spouses’ standard of living while married
  • Each spouse’s financial needs, resources, and assets
  • The age, health, and mental and emotional condition of both spouses
  • Each spouse’s income and earning capacity
  • Educational levels and vocational skills
  • Each spouse’s contributions to the marriage
  • Each spouse’s responsibilities regarding minor children
  • Economic impact of adultery (if applicable)
  • Any other factor the court considers necessary to reach a fair decision

Does the Length of the Marriage Affect the Type of Alimony?

The length of a marriage specifically matters for durational alimony, since eligibility for this type of alimony and the length of the award are tied to the number of years the marriage lasted. Spouses who were married fewer than three years are ineligible for durational alimony, but for those who do qualify, here’s how the length of a marriage impacts the alimony award:

Marriage Classification Marriage Length Maximum Duration of Alimony
Short-term 3 to <10 years 50% of marriage length
Moderate-term 10 to <20 years 60% of marriage length
Long-term 20+ years 75% of marriage length

Exceptional circumstances — such as a disability that limits the recipient’s ability to become self-supporting or the need to care for a disabled child — can affect these caps, but they act as firm guardrails in most cases. Use this Florida alimony calculator to estimate the durational alimony amount you may be required to pay or eligible to receive.

What Is the Difference Between Periodic and Lump Sum Alimony?

Once a court rules on which type of alimony to award, it can structure the payments in two ways. The first is periodic alimony, in which the spouse who owes alimony makes recurring payments over a fixed amount of time. The second is lump sum alimony — that is, a single award amount that can be paid in installments or all at once.

Term Definition
Periodic alimony Recurring payments made over time toward an alimony award
Lump sum alimony An alimony award paid all at once or in installments

Can Spouses Agree on the Type of Alimony?

In an uncontested divorce, spouses can negotiate the alimony terms with each other, rather than leaving the final decision up to a judge. In some cases, spouses can mutually agree on the type, duration, and amount of alimony, and whether it will be paid in one lump sum or recurring installments. It’s also worth noting that alimony is not based on gender; either spouse may receive or be required to pay it. To learn more, check out our article about what a wife is entitled to in a divorce.

Since Florida doesn’t use a single formula to determine the alimony amount, it’s not uncommon for one spouse to agree to alimony terms that aren’t in their best interest. To avoid this pitfall, hire an experienced alimony attorney in Florida who will advocate for your rights throughout the negotiations and review the settlement before it’s finalized.

FAQs: Types of Alimony in Florida

What are the types of alimony in Florida?

The four types of alimony in Florida are temporary, bridge-the-gap, durational, and rehabilitative. Temporary alimony helps with basic expenses while the divorce is pending. Bridge-the-gap alimony eases the transition from married to single life. Rehabilitative alimony helps cover educational or vocational training needed to become self-supporting. Durational alimony provides financial assistance for a set period based on the length of the marriage.

Does Florida still have permanent alimony?

No, a recent alimony reform in Florida eliminated permanent alimony for initial divorce petitions pending or filed on or after July 1, 2023. Older alimony orders finalized before this date might have different payment terms, but the four current types of alimony in Florida are all limited in duration.

Can more than one type of alimony be awarded?

Yes, under Florida Statutes § 61.08, a court can award a combination of alimony types to meet the recipient’s financial needs and help them become self-supporting.

Does the length of the marriage affect the type of alimony?

Durational alimony is contingent on the number of years married. In a short-term marriage (three to fewer than 10 years), the alimony duration caps at 50% of the length of the marriage. In a moderate-term marriage (10 to fewer than 20 years), the duration cap is 60%. In a long-term marriage (20 years or longer), the duration of alimony cap is 75%. So, for instance, a spouse who was married for 28 years could receive up to 21 years of durational alimony.

How Vasquez de Lara Law Group Can Help With Your Alimony Case

When navigating a divorce that involves alimony, it’s crucial to hire experienced lawyers who will advocate for your financial interests. Our legal team at Vasquez de Lara Law Group will help you determine whether alimony may apply to your case, evaluate which types of alimony in Florida may be relevant, and help you pursue fair alimony terms as part of the divorce settlement. To get started, schedule a free case evaluation with our team today.

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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