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Alimony is often one of the most contested aspects of a divorce. If you’re seeking spousal support, challenging an alimony request, or need to modify an existing award, understanding your rights when it comes to alimony could be essential to protecting your financial future.
At Vasquez de Lara Law Group, our team has over two decades of experience helping clients navigate divorce and alimony in Miami. We take a strategic approach to every case, work to resolve disputes efficiently whenever possible, and are fully prepared to represent clients in court in Miami-Dade and Broward counties when litigation becomes necessary.
If you have questions or need guidance with your case, schedule a free case evaluation today to find out your options.
Below, you’ll learn how alimony works in Florida, the factors courts consider when determining alimony, the different types of alimony available, and how a Florida alimony mediation lawyer could help with your alimony case.
What a Miami Alimony Lawyer Can Do For You
Florida’s alimony laws are complex, and the outcome of an alimony claim depends on several factors, including the length of the marriage, each spouse’s financial resources and earning capacity, as well as the standard of living established during the marriage. Whether alimony is appropriate — and if so, how much and for how long — will often require a careful review of your financial situation and the evidence in your case.
Many couples are able to resolve alimony through negotiation, which is often quicker, less costly, and allows both spouses to have a say in the outcome. If that isn’t possible, a judge will make the decision based on Florida law and the evidence presented by each side.
An experienced Florida alimony lawyer can help you gather financial evidence, negotiate a fair resolution, and represent you during mediation or court proceedings. If you’re working through an alimony case in Miami-Dade County or Broward County, we’re here to help. Schedule a free case evaluation today to take the next step.
What Factors Do Florida Courts Consider When Awarding Alimony?
To qualify for alimony in Florida, the spouse requesting support must demonstrate a financial need, and the other spouse must have the ability to pay. If those requirements are met, the court then considers additional factors, including the length of the marriage, the parties’ incomes, earning capacity, standard of living, and contributions to the marriage.
A spouse generally will not qualify for alimony if they cannot demonstrate a financial need or if the other spouse does not have the ability to pay.
Note that alimony is not awarded based on gender. Once financial need and ability to pay are established, the court considers factors including:
- Your standard of living during the marriage
- The length of the marriage
- Each person’s income, assets, and earning capacity
- The contributions each spouse made to the family and to the other spouse’s career (homemaking and child-rearing count)
- Age and health
- Childcare responsibilities after divorce
- Taxes
- The economic impact of an affair if marital money was spent on it
What Are the Different Types of Alimony Available in Florida?
Florida law recognizes four types of alimony, each of which is designed to address different financial needs after a divorce. The type of support awarded will depend on the circumstances of your marriage, one spouse’s financial need, and the other spouse’s ability to pay.
Temporary Alimony
Temporary alimony can provide financial support to the spouse who needs it while the divorce is still pending to help them stay financially stable until the case is resolved. This type of alimony will automatically end once the court enters the final judgment of divorce.
Bridge-the-Gap Alimony
Bridge-the-gap alimony can help one spouse transition from married life to single life by covering their identifiable short-term financial needs after the divorce. This can be awarded for up to two years, and neither the amount nor the duration can be modified once set.
Rehabilitative Alimony
Rehabilitative alimony can be set up to help one spouse become financially independent by supporting their education, training, or work experience. To receive this type of support, the receiving spouse must present a specific written rehabilitation plan. This type of alimony can last for up to five years and may end early if the plan is completed — or be modified or terminated if the receiving spouse doesn’t comply with the original plan.
Durational Alimony
Durational alimony is available when ongoing financial support is appropriate, and it’s designed to provide economic assistance for a specified period of time after the marriage.. Florida law limits both the amount and the duration of durational alimony based on the length of the marriage and other statutory factors.
Can Alimony Be Modified After a Divorce in Florida?
Sometimes alimony can be modified after a divorce in Florida, although obtaining a modification can be difficult. Whether a change is possible depends on:
- The terms of the current order
- Whether financial circumstances genuinely changed
- Whether you or the other spouse’s financial ability has changed
Durational alimony, for example, can be changed if the paying spouse loses a job or retires. It’s worth exploring in some situations, but obtaining a modification may be more difficult than many people expect.
How Long Can You Receive Alimony in Florida?
Florida’s 2023 alimony reform eliminated permanent alimony for initial petitions pending or filed on or after July 1, 2023, which means courts no longer award alimony for an indefinite period of time.
Instead, Florida law provides four types of alimony — temporary, bridge-the-gap, rehabilitative, and durational — each with its own purpose and rules governing how long support may last.
