Alimony is the payment for the support of a spouse and is independent of a claim

for child support.  For all types of alimony, available under Florida law, the party seeking

alimony must demonstrate he or she has a need for alimony and the other party has the ability

to contribute to his or her support.

 

In 2023, Florida law changed significantly related to alimony.  Permanent alimony was

eliminated as a result of those changes.   Several types of alimony are still, including Bridge

the Gap Alimony, to help transition from married life to single life; Rehabilitative Alimony, to

help the spouse in need achieve financial independence; and Durational Alimony, paid for a period of time.

Durational Alimony is limited in both duration and amount.

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Caps on Length of Durational of Alimony:

For marriages lasting 3-10 years, the alimony cannot exceed 50% of the marriage's length (from the date of marriage to the date of filing the petition for dissolution of marriage).

For marriages lasting 10-20 years, the alimony cannot exceed 60% of the marriage's length.

For marriages lasting more than 20 years, alimony cannot exceed 75% of the marriage's length.

These are the general rules that apply, there are exceptional circumstances that may exist that form the basis to deviate from these rules but we have little guidance from the Legislature or the courts as to what those circumstances are.

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Caps on Amount of Durational  Alimony:

Durational alimony paid to the recipient will be equal to the recipient’s financial need or a maximum of 35% of the difference in the paying spouse's and receiving spouse’s incomes, whichever value is less.

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Alimony is a fact-intensive issue, you should speak with an experienced family law attorney to learn more about your rights.  

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