M | Law Office Of | A. James Mullaney | Family Law Attorney & Mediator
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Working Towards An Equitable Alimony Arrangement

In July 2023, the alimony law in Florida was overhauled. The new law affects how alimony will be awarded and how those orders can be changed in the future. The main changes involved the following:

  • Elimination of permanent alimony (i.e. alimony paid forever)
  • Judges are now allowed to consider the adultery of either spouse and the economic impact that the adultery causes when determining the amount of alimony.
  • There are now eight (8) factors that judges must consider when determining alimony.

As an alimony lawyer in Jacksonville, I know that alimony is an issue in nearly all divorce cases. However, that does not mean that a judge orders alimony in nearly all cases. There are various types of alimony. Some may be applicable to your case, some may not. Paying more than one type of alimony is possible. It is very important that you consult with an alimony lawyer in Jacksonville to discuss your options.

Types Of Alimony In Florida

  • Temporary alimony – Paid during the case so that bills and other expenses can continue to be paid until a final judgment is entered.
  • Bridge-the-gap alimony – Awarded so that a party can more easily transition from being married to being single. The purpose of bridge-the-gap alimony is to assist a spouse in identifying short-term needs. Bridge-the-gap alimony cannot exceed two (2) years.
  • Rehabilitative alimony – Paid for a short period to assist a spouse in becoming self-supporting through the development of skills and credentials or through education and work experience. Rehabilitative alimony cannot exceed five (5) years.
  • Permanent alimony – Paid until the death of either party (or remarriage of the recipient) to provide for the needs and necessities of a spouse based on the standard that existed during the marriage. Permanent alimony was eliminated by statute as of July 1, 2023.
  • Lump sum alimony – Payment of a set amount.
  • Durational alimony – A hybrid form of alimony where the duration of the payments is related to the length of the marriage.

What Factors Does The Court Consider?

When considering whether to award alimony in a Florida divorce, the judge will consider eight factors:

  1. Whether the party seeking the alimony has an actual need for the alimony and whether the party paying the alimony has the ability to pay alimony.
  2. The duration of the marriage (the time between the marriage and the filing of a Petition for Dissolution of Marriage).
    1. Short-term marriage (less than 10 years)
    2. Moderate term marriage (between 10 and 20 years)
    3. Long-term marriage (more than 20 years)
  3. Both party’s ages as well as physical and mental conditions.
  4. The income and resources of both parties, along with the income earned from marital and nonmarital assets.
  5. Both parties have earning capacities, education levels and employability.
  6. The contributions that each party made to the marriage included education, career building, homemaking and child care.
  7. The responsibilities that each party will have in raising children of the marriage.
  8. Any other fact that the judge thinks should be considered.

The amount of alimony awarded depends on:

  • Length of marriage
    • Short-term marriage (less than 10 years)
    • Moderate-term marriage (between 10 and 20 years)
    • Long-term marriage (more than 20 years)
  • The ability of one spouse to pay alimony
  • The need for the other spouse to receive the alimony
  • Standard of living

These factors may seem simple. They are not. Alimony is one of the least predictable areas of family law. Each case is different. Your case may be decided differently by different judges. Fortunately, the changes to the alimony statute in 2023, at least, gave the public some guidance on the amount and duration of an alimony award.

Changes To Florida Alimony Laws In 2023

The Florida alimony statute was revised in 2023. Some of the changes include:

  • Elimination of permanent alimony.
  • Judges are now allowed to consider the adultery of either party as well as the resulting economic impact of the adultery when determining an alimony award.
  • Judges are required to consider eight (8) factors when they determine alimony.

What Is The Length Of Durational Alimony?

The maximum length of durational alimony payments is set by statute:

  • 50% of the length of a short-term marriage.
  • 60% of the length of a medium-term marriage.
  • 75% of the length of a long-term marriage.

Durational alimony can be extended under “exceptional circumstances”. The judge must consider the above factors, as well as the following

  • The extent to which the payee’s age and employability wholly or partially limit the payee’s ability to be self-supporting.
  • The extent to which the payor’s available financial resources wholly or partially limit the payor’s ability to be self-supporting.
  • The extent to which a payee’s mental or physical disability wholly or partially limits the payee’s ability to be self-supporting.
  • The extent to which a payee is the caregiver to the parties’ mentally or physically disabled child.

The recent changes to the alimony statute provided guidance of the amount of alimony. The durational alimony amount is the amount required to meet the payee’s reasonable needs or an amount that does not exceed 35% of the difference between the husband’s and wife’s net incomes – whichever is less.

Cohabitation And Alimony In Florida

In 2005, the Florida Statutes were revised to make it easier to terminate an alimony obligation. Under the old law, an alimony obligation could be terminated if the receiving spouse remarried. Many receiving spouse got around this rule (and continued to receive alimony) by simply living with their new love interest.

The revised statute allows for the termination of alimony when the paying spouse can prove that the receiving spouse is “cohabitating’ and that a “supportive relationship” exists. The burden is on the paying spouse to prove this situation.

The revised statute sets forth various factors for the court to weigh in making a determination of whether a “supportive relationship” exists. The main factors are:

  1. The length of time of the cohabitation,
  2. The extent to which assets or income have been pooled or combined,
  3. The extent to which they have acted as a married couple,
  4. The extent to which either party gets support from the other (and for how long), and
  5. The extent to which they have supported the children of the other.

It is important to note that the statute does not require a sexual relationship for a “supportive relationship.” In theory, a receiving spouse could be in a supportive relationship with his/her parents or adult children.

Speak With An Alimony Lawyer In Jacksonville Today

Unlike child support, there are no quick and easy answers about alimony. Every case is different. While this page may lay out some rules about alimony, there are almost always exceptions. Please consult with me if you need an alimony lawyer in Jacksonville, Florida. Please call 904-364-4565 or send me an email to schedule a consultation.