Alimony and Spousal Support · Clearwater, Florida
Florida Alimony Lawyer
Alimony may be awarded to one spouse in a Florida divorce. The passing of SB 1416 created more specific guidelines for determining the length and amount of alimony that can be awarded. A summary of the new Florida alimony laws can be found here. Whether you may pay or receive support, we can help you understand what is realistic in your case.
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The Factors
How Is Alimony Calculated in Florida?
When a couple divorces, the award and calculation of alimony may be determined by a judge after considering the factors listed in Florida Statute 61.08. These include: the standard of living established during the marriage, the duration of the marriage, the age and the physical and emotional condition of each party, and the financial resources of each party, including the non-marital and marital assets and liabilities distributed to each.
Courts also weigh the earning capacities, education levels, vocational skills, and employability of the parties (including any time needed to acquire education or training for appropriate employment), each party’s contributions to the marriage such as homemaking, child care, education, and career building of the other spouse, the responsibilities each party will have for any minor children they have in common, the tax treatment and consequences of any alimony award, and all sources of income available to either party, including investment income.
The final statutory factor is “any other factor necessary to do equity and justice between the parties.” In other words, the judge can look at essentially anything they deem necessary to reach a fair and equitable decision when awarding alimony in Florida divorces.
Know Your Options
The 4 Types of Alimony in Florida
Under current Florida law, permanent alimony has been eliminated for new cases. Courts may order one or more of the following forms of support.
Temporary Alimony
Support paid while the divorce is pending, to maintain the status quo until the case is finalized.
Bridge-the-Gap
Short-term alimony of no more than 2 years, intended to help one spouse transition from married to single life.
Rehabilitative
Support intended to help one spouse gain the training or skills needed to support themselves without alimony.
Durational
Alimony awarded for a set period of time, with maximum lengths tied to the duration of the marriage.
Length of Marriage Matters
When Is Alimony Awarded in Florida?
Historically there was no set calculation for alimony in Florida, and courts often looked to needs-based approaches: the needs of the spouse receiving alimony balanced against the other spouse’s ability to pay, considering income, expenses, and the standard of living enjoyed during the marriage. Florida law changed in 2023 to provide a more structured approach. You can find the current law and our alimony calculator here.
Whether alimony will be awarded at all depends largely on the length of the marriage. Florida law differentiates between a short-term marriage (less than 10 years), a moderate-term marriage (more than 10 but less than 20 years), and a long-term marriage (longer than 20 years), measured from the date of marriage to the day the divorce is filed. Alimony is typically not awarded in short-term marriages absent extraordinary circumstances, may be awarded in moderate-term marriages, and is easiest to establish in a long-term marriage.
Protecting Yourself
Ways to Limit or Avoid Paying Alimony
There is no guarantee you can avoid paying alimony in Florida, but these strategies may reduce or eliminate your exposure.
Get a Pre-Nuptial or Post-Nuptial Agreement
In a pre-nuptial agreement, signed before marriage, spouses can agree to waive their right to alimony. A post-nuptial agreement can still be signed during the marriage, but you should seek a qualified family law attorney to help ensure the agreement is prepared properly so it holds up when the time comes to enforce it.
Negotiate Zero or Lower Alimony
If no pre-nuptial agreement exists, you may negotiate paying a lump sum in exchange for not paying continuing alimony. You may also argue that you cannot afford to pay alimony, or that the amount requested is not necessary for your spouse to maintain a similar standard of living.
Seek Modification or Termination
If your former spouse’s financial situation has changed since the divorce, you may ask the court to reduce or terminate your alimony obligation. For example, if your former spouse starts earning more money or gets remarried, modification or termination may be available.
Understand Residency and State Law
Alimony laws vary significantly between states, and where a divorce is filed can affect the outcome. Residency requirements apply: in Florida, one of the parties must have been a resident of the state for at least 6 months before filing for divorce here.
If you are not able to reach an agreement with your spouse, the court will decide how much alimony you will pay. A licensed Florida divorce attorney can help you better understand your options regarding alimony in your divorce.
Wondering What Alimony Could Look Like in Your Case?
Use our free Florida Maximum Alimony Calculator to get an idea of what may be awarded in your case, then call for a free phone consultation to talk through the results.
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Speak With a Florida Alimony Attorney Today
If you are considering filing for divorce, call a Pinellas Family Lawyer divorce attorney to discuss your case and understand your rights regarding alimony and division of assets.
Pinellas Family Lawyer, PLLC, handling divorce and child custody lawsuits in Oldsmar, FL, Palm Harbor, FL, Tarpon Springs, FL, Tampa, FL, Westchase, FL, New Port Richey, FL, St. Pete, FL, Pinellas Park, FL, Dunedin, FL, Safety Harbor, FL, Clearwater, FL, Clearwater Beach, FL, Largo, FL, Belleair, FL, Madeira Beach, FL, and throughout Pinellas County, Hillsborough County, and Pasco County.