How Does Alimony Work In Florida?
Asked in Fort Lauderdale, FL on September 21, 2022 Last answered on March 10, 20261 answer
In Florida, alimony is governed by Florida Statutes § 61.08, which outlines the types of alimony available and the factors courts must consider when determining whether support should be awarded. Following legislative amendments effective July 1, 2023, permanent alimony was eliminated, leaving four primary forms of alimony: temporary, bridge-the-gap, rehabilitative, and durational alimony. Temporary alimony provides financial support while the divorce case is pending. Bridge-the-gap alimony helps a spouse transition from married to single life and may not exceed two years. Rehabilitative alimony assists a spouse in becoming self-supporting through education, training, or work experience and requires a specific rehabilitative plan. Durational alimony provides economic assistance for a set period following the dissolution of a marriage but may not exceed the length of the marriage. Before awarding alimony, the court must first determine whether one spouse has a need for support and whether the other spouse has the ability to pay. If those threshold requirements are met, the court considers several statutory factors, including the duration of the marriage, the standard of living established during the marriage, the age and health of the parties, their financial resources and earning capacities, contributions to the marriage (including homemaking and childcare), responsibilities for minor children, and the tax consequences of an alimony award. Courts may also consider the economic impact of adultery when determining the amount of alimony. The court must include specific written findings of fact supporting any alimony award, including the type, amount, and duration. Alimony may later be modified or terminated under certain circumstances, such as a substantial change in financial circumstances or retirement, pursuant to Florida Statutes § 61.14.
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