Alimony & Spousal Support

Effective July 1, 2023 the Florida Legislature completely revised the law of spousal support in the State of Florida. There are currently five different types of alimony, also known as spousal support, in the state of Florida:

• Temporary – Provides relief during the time between the filing of the petition until the case is either settled or is tried.
• Bridge the gap – Usually awarded in short-term marriages where one of the parties has a need for a fresh start. Bridge the gap alimony can last no more than two years. It can help with obtaining a place to live or transitioning back into the workforce.
• Rehabilitative Alimony – It is limited to five years. It is designed to assist a spouse to acquire education, training or work experience to become self supporting. The spouse requesting rehabilitative alimony must have a specific and defined plan for acquiring the skills and training and if that spouse does not follow the plan the court can modify the award.
• Durational Alimony – It is limited as to duration and amount based upon how long the partes were married except under extraordinary circumstances. If the parties were married less than ten years then the duration may not exceed fifty percent of the duration of the marriage. If the parties were married between ten and twenty years the duration may not exceed sixty percent of the duration of the marriage and if the parties were married over twenty years the duration may not exceed seventy five percent of the duration of the marriage. The amount of alimony may not exceed thirty five percent of the difference between the parties net incomes.
• Lump-sum alimony – Usually used to offset an award of property to the other party that is greater than the amount being awarded to you. It may also be called an equalization payment. Sometimes, lump sum alimony is awarded to aid in support with the judge finding, for instance, “if he only had a house he could support himself;” or “if I give her this business she will have no further need for support.” Lump-sum alimony is rare.

To award alimony the court must find that there is actual need and ability to pay and must make findings on specific factors set forth in Florida Statute 61.08. I strongly advise that you familiarize yourself with the factors and be prepared to talk to your attorney about how each one applies to your situation. Helping you to establish need or lack thereof is what we do. Establishing that a party had the ability to work if he or she would only use his or her best efforts; obtaining medical evidence that a party is or is not able to work; convincing the other party that work would be impractical if there are small children at home and helping the financial neutral find hidden income is how we develop the best outcomes for our clients.

Contact Us

Julie Glocker Pierce, will work with you to preserve as much income on your side of the table as possible. Call my office at 321-728-4955 or contact me online to schedule an appointment.