Alimony lawyer in Jacksonville

In July 2023, 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 you options.

Types of Alimony

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 indentifiable, 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.

Alimony Factors

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 of 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 staute 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.
Judge 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.
Judge are required to consider eight (8) factors when they determine alimony.

The Eight Factors that a Judge must consider when determining alimony in Florida

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.
The duration of the marriage (the time between the marriage and the filing of a Petition for Dissolution of Marriage).
- short term marriage (less than 10 years)
- moderate term marriage (between 10 and 20 years)
- long term marriage (more than 20 years)
Both parties age as well as physical and mental condition.
The income and resources of both parties along with the income earned from marital and non-marital assets.
Both parties earning capacities, education levels and employability.
The contributions that each party made to the marriage including education, career building, homemaking and child care.
The responsibilities that each party will have in raising children of the marriage.
Any other fact that the judge thinks should be considered.

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.

Amount of Alimony

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.