Alimony

Alimony is sometimes referred to as spousal support, family support, or maintenance.  Regardless of what it is called, alimony is the payment of funds by one ex-spouse to assist in supporting the needs of the other ex-spouse, or the payment for such needs while the marriage is ongoing.

For nearly two decades Florida’s alimony laws have undergone a series of updates.  It is important to consult with an attorney related to alimony rights or obligations, as the recurring nature of these changes make much of what is found on the internet obsolete.  As of the time of this writing, the most recent alimony laws were found as the 2024 Florida Statutes, such as §61.08 and 61.14.

Florida law allows for several types of alimony, including bridge-the-gap, rehabilitative, and durational.  Notably, permanent periodic alimony has been removed as a type of alimony that Florida Courts can award at the time of a dissolution of marriage (divorce).  Permanent periodic alimony still exists for past cases where it was awarded, as the removal of this form of alimony was only intended to prevent additional use of this form of alimony, but did not take away existing permanent alimony rights in cases where those rights had already been established.

In determining the type of alimony that is right in a case, the Court will start by looking at whether one party has the ability to pay alimony and whether the other party has a need for alimony.  The most common consideration is disparity in earning power, meaning each party has significantly different income levels.  If there is both an ability to pay alimony and a need, then the Court will look at a series of factors to determine the appropriate form of alimony.  While the length of marriage does not conclusively establish the type of alimony, there is a high degree of correlation between the length of a marriage and the type of alimony awarded.

In short term marriages, which are presumed to be marriages of ten years or less, the most common form of alimony awarded is bridge-the-gap.  This form of alimony assists in the transition from a higher standard of marital living to a sustainable standard of living now that the marriage is ending.  This form of alimony does not exceed two years.

‘Moderate term’ is the phrasing used to describe medium length marriages.  This is presumed to be more than ten years in length up to twenty years in length.  Long term marriages are those over twenty years.  If durational alimony is awarded it will not be for more than half the length of a short term marriage, sixty percent the length of a moderate term marriage, or seventy-five percent the length of a long term marriage.

There is also rehabilitative alimony.  This form of alimony is utilized when the party with the need puts forth a detailed plan that establishes how they can become self-supportive through training, education, or similar efforts.  An alimony award designed to rehabilitate someone must be based on such a plan and cannot exceed five years in duration.

When people consider alimony payments, they often consider them as monthly payments.  This is the most common method of paying, but another method of payment also exists.  This is known as lump sum.  Lump sum alimony is a set amount of alimony.  However ironic it is, lump sum alimony can be paid in installments.  In other words, when a Court awards lump sum alimony, the award is for a specific amount that cannot be adjusted in the future, and it is to be paid all at one time, or in a series of installments.  Court’s most often rely on lump sum alimony to overcome a particular issue, such as a spouse that is voluntarily unemployed, or a large difference in net worth coupled with a desire to afford the needy spouse with continued residence in the same home.

Much like alimony itself, the rights to modify alimony have been an evolving concept in law.  For instance, it was once the case that only the remarriage of the ex-spouse receiving alimony would result in a termination or modification of alimony.  Then the law evolved to allow for a supportive relationship with a non-family member to be a basis for a modification.  As of this writing that law has evolved to address the current, or recently past, supportive relationship requiring the Court to modify alimony.

This is merely one example for when alimony may be modified.  Other examples include retirement, a change in income, disability, the receiving spouse no longer having a need, or any other substantial change that effects either (or both) the ability to pay the alimony or the need for alimony.

This concept is similar to modification.  With termination, the obligation to pay alimony ends.  By way of example, if the spouse receiving alimony remarries, then alimony would terminate upon that remarriage (unless the parties contracted for alimony to survive remarriage).  Likewise, alimony terminates upon death.  Alimony can also terminate for the basis set forth above related to modification, if that change is large enough to call for a conclusion to the obligation as opposed to a modification.

Regardless of the alimony question, it is important to get advice from an attorney.  This rapid evolution of the law on alimony creates the risk that information you read, including this information, could be outdated.  The Windle Family Law Firm is happy to assist with any questions or concerns you may have.