Understanding Alimony in Florida (Under Florida Statute 61.08) 

 

1. What Is the First Step in Determining Alimony? 

Before awarding alimony, Florida courts follow a two-step analysis: 

  1. Does one spouse have a financial need for alimony? 

  1. Does the other spouse have the ability to pay alimony? 

If the answer to both questions is yes, the court will then analyze other factors to determine the type and amount of alimony. 

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2. What Factors Does the Court Consider When Awarding Alimony? 

Florida courts evaluate several factors to determine whether alimony should be awarded, including: 

  • The length of the marriage 

  • The financial resources of each spouse 

  • The standard of living established during the marriage 

  • Each spouse's earning capacity, education, and employability 

  • Contributions to the marriage, including homemaking and child-rearing 

  • The age and health of both spouses 

  • Any marital misconduct (while Florida is a no-fault divorce state, wasteful spending or financial misconduct may be considered) 

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3. What Are the Different Types of Alimony in Florida, and How Long Do They Last? 

Under Florida Statute 61.08, there are four main types of alimony: 

  • Temporary Alimony – Paid only during the divorce proceedings and ends once the divorce is finalized. 

  • Bridge-the-Gap Alimony – Short-term support to help transition from married to single life. It cannot exceed 2 years and cannot be modified once ordered. 

  • Rehabilitative Alimony – Support designed to help a spouse gain education or job training to become self-sufficient. The recipient must present a clear plan for their rehabilitation and the length of an award of rehabilitative alimony may not exceed 5 years. 

  • Durational Alimony – Awarded for a fixed period but cannot exceed the length of the marriage (e.g., if you were married for 15 years, durational alimony cannot last more than 15 years). 

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4. How Does the Length of the Marriage Affect Alimony? 

Florida law categorizes marriages into three types, which impact alimony awards: 

  • Short-Term Marriage – Less than 10 years (alimony is less common, typically rehabilitative or bridge-the-gap). 

  • Moderate-Term Marriage – 10 to 20 years (alimony depends on factors like need and ability to pay). 

  • Long-Term Marriage – 20+ years (higher likelihood of longer-duration alimony awards). 

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5. Can Alimony Be Awarded in a Lump Sum or Only Monthly Payments? 

While alimony is typically paid in periodic monthly payments, Florida law allows for lump sum alimony in certain cases, such as: 

  • When both parties agree to a one-time payment. 

  • If there are concerns about the paying spouse's financial stability.