Domestic support is a common issue in many Florida divorce cases. Florida statutes refer to domestic support as alimony. However, many states have changed the term alimony to spousal support.

Some parties believe that alimony has negative associations with husbands supporting wives after a divorce. It is suggestive of a time when many women did not work outside of the home and “needed” support if they were divorced. However, spousal support is a more gender-neutral term that more accurately reflects today’s social environment.

In Florida, there is no difference between spousal support and alimony lawyers. Both terms refer to the financial support a spouse pays to their ex-spouse after divorce.

Spousal support is not guaranteed in the Florida divorce process. The spouse seeking alimony must prove they have a financial need and that their spouse has the ability to pay alimony.

What Types of Alimony or Spousal Support Can Judges Grant in Florida?

According to Florida Statute §61.08, the court may grant the following types of alimony in a dissolution of marriage:

Temporary Alimony

Temporary alimony is paid during the divorce proceeding. Temporary spousal support helps a lower-earning spouse get through the divorce proceedings. The spouse must prove they have a financial need, and the other spouse must be able to pay temporary alimony. The support ends when the court issues a final divorce decree.

Bridge-the-Gap Alimony

This type of spousal support assists an individual in transitioning from being married to being single. It helps lower-earning spouses maintain their quality of life as they work to be self-supported. However, bridge-the-gap spousal support can only last up to two years.

Rehabilitative Alimony

Rehabilitative spousal support allows a lower-earning spouse the time to obtain education, training, and skills to provide for themselves after a divorce. The maximum term for rehabilitative alimony is five years. The party must have a specific and defined rehabilitative plan to receive rehabilitative spousal support.

Durational Alimony

Durational spousal support pays the lower-earning spouse support for a specified period of time. The duration of the payments cannot exceed the length of the marriage. The marriage must have lasted at least three years for the court to award durational alimony. The law also sets limits for the duration of the alimony payments based on the length of the marriage.

Permanent Alimony

Permanent alimony lasts for a spouse’s lifetime or until the receiving spouse remarries. Generally, permanent alimony was reserved for long-term marriages. However, Florida eliminated permanent alimony in July 2023. Therefore, courts are no longer permitted to grant permanent spousal support regardless of the situation or the duration of the marriage.

How Do Florida Courts Determine Whether to Grant Alimony?

Florida law requires judges to consider several factors when deciding alimony issues in a divorce case. Those factors include:

  • The duration of the marriage
  • The standard of living the spouses enjoyed during the marriage
  • The health of both spouses
  • The working arrangements for both spouses during the marriage
  • Evidence of abuse or a history of domestic violence
  • Whether one spouse helped the other spouse attain education and earning potential by sacrificing their own educational, earning, and income potential

Even though Florida is a no-fault divorce state, the law allows judges to consider adultery when deciding alimony. The court may consider any resulting economic impact of the adultery when awarding spousal support.

What Should I Do if My Spouse Demands Alimony During Our Divorce in Florida?

Alimony or spousal support is a contentious issue in a divorce case. If you want to file for divorce or receive divorce papers, the first thing to do is seek legal advice.

An experienced Orlando divorce lawyer protects your rights and interests during the divorce proceedings. Even if you and your spouse agree to an amicable divorce, things could change after you begin the divorce proceedings. For couples who successfully reach a divorce settlement without dispute, having a divorce lawyer helps ensure everything is completed correctly to avoid unnecessary delays and costs.

There is no set formula for calculating alimony. Therefore, you need an attorney who thoroughly understands how courts view spousal support to build a case that protects your interests. Whether you are paying or receiving alimony, ensuring the amount is fair is crucial for your future financial well-being.

Contact our Orlando Alimony Lawyers at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today

Contact the Law Office Of Paulette Hamilton Divorce Lawyers for a free consultation with our Orlando alimony lawyers. We help clients fight for fair alimony payments to ensure they have the resources they need as they move on to the next phase of their lives.

Law Office Of Paulette Hamilton Divorce Lawyers

189 S Orange Ave #1400,
Orlando, FL 32801

(407) 420-2311