Alimony is also known as “spousal support” or “maintenance.” In general, alimony is often temporary financial support that one spouse provides to another while a divorce is pending and for some time after. Either spouse may be eligible for alimony. Typically, a court determines whether to award alimony and the terms of the payments after it performs an equitable distribution of assets Spouses can agree to alimony terms if they are working out the terms of the divorce, but the agreement will still need to be approved by the court and entered in an order. Alimony in Florida is intended to lift the receiving spouse into the position in which he or she can become self-supporting. They are not meant to punish one spouse, but to bring the spouse with fewer resources into a position in which they can provide for themselves.

What type of alimony can be awarded in my case?

Alimony is not awarded as a routine matter in Florida. Rather, it is awarded as a solution to a hurdle. The type of hurdle in your divorce will determine the type of alimony that you may receive or be ordered to pay. Bridge-the-gap alimony is intended to address the transitional period that a spouse with fewer resources undergoes when shifting from being married to being single. It is temporary and addresses specific costs and bills that a spouse will incur in the life change. Rehabilitative alimony may be granted to allow a spouse to obtain or change to a different career. It requires a specific plan detailing the educational or vocational program the spouse will take part in, the time involved, the cost, and an estimate of when the spouse expects to become self-supporting. Duration alimony is a catch-all that can be awarded for up to two years when the situation warrants, but the receiving spouse does not qualify for a different type of alimony. Permanent alimony may be available if the marriage was of a moderate or long duration when the receiving spouse does not otherwise have the resources to maintain the standard of living enjoyed during the marriage.

Florida Alimony Lawyer

Florida judges determine whether a spouse receives maintenance, support, or alimony and set the amount based on factors such as marriage duration, finances, and the economic needs of both parties. If you need help with an alimony, divorce, or other family law matter, speak with an experienced Florida alimony attorney from The Law Offices of Travis R. Walker, P.A. We can recommend the best next steps and protect your interests throughout the process.

Whether you will be the receiving spouse or the paying spouse, it is important to know your rights and responsibilities regarding alimony. The Law Offices of Travis R. Walker, P.A., have a skilled and experienced legal team that provides personalized, comprehensive legal support. Speak with an experienced Florida alimony lawyer who will protect your interests.

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EXPERT ADVICE

“Alimony in Florida is multifaceted, encompassing permanent, bridge-the-gap, rehabilitative, and durational categories. Each serves a distinct purpose, from providing long-term support to facilitating short-term transitions.”

-Travis R. Walker | Founder and Philanthropist

What Is Alimony?

Alimony, also known as spousal support or maintenance, is temporary financial support that one spouse provides the other during a pending divorce and for some time after. Either spouse may be eligible for alimony.

Typically, a court determines whether to award alimony and the payment terms after conducting an equitable distribution of the couple’s assets. Spouses can agree on alimony if they are negotiating the divorce terms, but the agreement still needs the court’s approval and entered in an order.

Alimony in Florida is not meant to punish a spouse but to help put the spouse with fewer resources into a position where they can provide for themselves.

What Are the Different Types of Alimony in Florida?

A Florida judge may award alimony to either spouse depending on need. For purposes of alimony law, Florida defines short-term marriages as lasting less than 10 years, moderate-length marriages as lasting 10 to 20 years, and long-term marriages as lasting 20 years or longer.

There are several types of alimony in Florida that address the receiving spouse’s applicable short- and long-term finances, including:

Bridge-the-gap alimony is temporary and helps spouses with fewer resources pay specific costs and bills they incur during their transition from married life to independence. It has a two-year limit.
Rehabilitative alimony may be granted for up to five years to allow a spouse to obtain or change to a new career. The spouse asking for rehabilitative alimony must have a specific plan that conveys the time involved, cost, and details of the vocational or educational program in which they will participate. The plan also must contain an estimate of when the receiving spouse reasonably expects to be able to support themselves without the payments.
Durational alimony is support that lasts for a set period. Judges do not award durational alimony for marriages lasting less than three years. For short-term marriages of more than three years, durational alimony cannot last for more than 50 percent of the length of the marriage. For moderate-length marriages, payments cannot exceed 60 percent of the length of the marriage, and for long-term marriages, they cannot be longer than 75 percent of the length of the marriage.

Until July 2023, the state allowed permanent alimony in cases where marriages lasted a moderate or long time. Permanent alimony helped the receiving spouse enjoy the same standard of living as during the marriage. However, a new law prohibits permanent alimony in any marriage dissolution in the state. The new alimony reform law also allows for modifications if the party making payments seeks to retire.

In Florida, judges do not automatically grant alimony. They award it as a solution when one spouse faces financial hurdles due to the dissolution of marriage. The nature of those hurdles determines who pays alimony and who receives it.

A skilled Florida alimony lawyer from The Law Offices of Travis R. Walker, P.A. can help you determine your needs when you divorce. Our combined experience in family law has given our attorneys a firm grasp on how dissolution affects families and what we can do to help them meet their post-marriage needs. Partner with us to relieve some of the stress for you and your family.

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My experience with The Law Office of Travis R. Walker, P.A., was absolutely great from the initial consultation to the final judgement of my divorce proceeding. I am especially satisfied and totally pleased by the way Mr Nick Brihammer handled my case with expertise, and professionalism while still maintaining an "at ease" atmosphere. He went above and beyond to request and scrutinize all relevant and relating documents to ensure a fair and just outcome for me, He also maintained correspondence to make sure I was informed at all times of what was going on or what was about to take place, and was also very good about explaining things pertaining to the proceedings that I did not understand. Mr Brihammer demonstrated passion for his job, tremendous knowledge, professionalism and expertise in his field. He is a wonderful gentleman and a great lawyer. I would not hesitate to recommend him or the Law Office of Travis R. Walker to future clients

I am very grateful Mr. Walker accepted the legal work for my divorce. Kaitlyn was the paralegal who prepared the documents for the trial attorney's review, and handled my case in a responsible, timely manner. She was very attentive, professional, and easy to talk with, which helped to ease the tension of me being in legal situation. To my delight, my soon to be ex-wife didn't show up for court, and I was awarded a default judgement. Mr. Isherwood was my trial attorney, and after talking with him, seemed very rehearsed with family law court situations by the way he orchestrated everything. I would trust my divorce any day with The Law Offices of Travis Walker. Thank God everything worked out so perfectly, as I happily celebrate my closed case!

I used this firm for representation during my divorce. Mr. Brihammar was my attorney. He was truly my advocate. His advice was sound, his professionalism was spot on, and felt like he cared about my case. He was honest, patient, and knowledgeable. Most importantly, he gave me peace of mind. I have used Nick subsequently in a post-dissolution issue, and had a great result with no need to pursue the matter through mediation or the court system. I highly recommend Mr. Brihammar. Thank you Nick, I don't think I could have gotten through all of this without your assistance.

I recently had the opportunity to speak with Travis Walker about a legal issue I had been having. Not only was he very helpful in directing me legally, but he was extremely understanding and patient and kind during the entire experience. He was also very available to me with questions I had throughout our engagement and afterward as well. I've had experience with several other attorneys for different issues throughout my life, in both divorce and business, and my experience with other attorneys have never matched what I experienced with Travis. Travis Walker is a breath of fresh air as an attorney, and I couldn't think of anyone is any profession that I would recommend more.

How Does the Court Determine Alimony in Florida?

Before considering other factors, Florida judges will first determine whether the party seeking alimony needs it and whether the other spouse has the ability to pay. The party seeking support has the burden to prove their need and the other’s ability to pay.

Once these conditions are established, the court will then determine the type and amount of alimony based on several factors, including the following:

Adultery of either spouse
Duration of the marriage
Standard of living during the marriage and the needs and necessities of both parties after the divorce is finalized
Age and emotional and physical condition of both parties, including disabilities and their impact on the need for alimony or ability to pay it. The court also considers whether the need is temporary or permanent.
Income and resources of both parties, including marital and nonmarital assets
Earning capacity, vocational skill, educational levels, and employability of both parties and the ability of either party to become self-supporting or contribute to their support before the termination of the alimony award
Marital contributions toward services such as child care, homemaking, education, and career building of the other spouse
The responsibility of each party for rearing minor children, with special consideration for caring for a child with a physical or mental disability
Any other factors that result in a just and equitable arrangement between the spouses

To protect an alimony award, a judge may order the alimony-paying spouse to purchase a life insurance policy or bond or otherwise secure the ordered support with suitable assets. The judge may order both parties to contribute to this cost depending on their ability.

Can You Change Spousal Support in Florida?

A change in an alimony award is referred to as modification. If the court orders the alimony, the court will usually retain jurisdiction and discretion to modify the alimony in the event of a substantial and material change. Some examples of qualifying changes include remarriage of the receiving spouse, job loss, substantial pay raise, or the death of one spouse.

The bar to modify spousal support is high. Changes are not always permissible. However, when a spouse experiences a drastic and unexpected change that affects finances, requesting a modification can be beneficial in the long run. If you have questions about your rights and responsibilities regarding a support modification, speak with a divorce lawyer in Stuart, FL.

How The Law Offices of Travis R. Walker Can Help

At The Law Offices of Travis R. Walker, P.A., we specialize in family law, helping our clients with the following:

If you have questions about an alimony request, alimony tax consequences, or a pending divorce, consult the skilled legal team at The Law Offices of Travis R. Walker, P.A., today. We offer convenient in-office and virtual consultations so we can get a firm grasp of your case and how to guide you forward. We always do our best to help clients in stressful family situations navigate the legal process as quickly and painlessly as possible.

Contact Our Skilled Florida Alimony Attorneys Today

Divorces can be difficult for spouses and children and become even harder when there is disagreement over spousal support. An alimony award must be fair and equitable to both parties, and the process doesn’t have to be ugly.

At The Law Offices of Travis R. Walker, P.A., we work tirelessly for our clients, but we do it with the respect, dignity, and compassion that both parties deserve. If you have questions or need legal help for a divorce, alimony, or other family law matter, contact our skilled, experienced Florida alimony lawyers today!