Alimony involves more than just calculating a payment amount and duration.
It addresses the legal obligation to provide financial support from one spouse to the other and it can be one of the most contested issues in both divorce proceedings and post-divorce modification cases. When a divorce is initiated, determining temporary support for the less financially secure spouse often becomes an immediate priority. Florida law recognizes that when one spouse has substantial financial need and the other possesses the ability to pay, temporary support obligations may arise pending the finalization of the divorce.
Types of Florida Alimony
Durational
Provides financial assistance for a specific, finite period of time. An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of various factors. For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
Rehabilitative
Provides support for a defined timeframe, enabling a spouse to obtain education or retraining necessary to achieve self-sufficiency.
Bridge-the-Gap
Typically awarded for a short period to facilitate a spouse's transition to single status.
Lump Sum
Consists of a fixed amount, payable in one or multiple installments.
Our Analytical Approach:
In Florida, when determining whether to award support, maintenance, or alimony, the court shall first make a specific, factual determination as to whether the party seeking support, maintenance, or alimony has an actual need for it and whether the other party has the ability to pay support, maintenance, or alimony. The party seeking support, maintenance, or alimony has the burden of proving his or her need for support, maintenance, or alimony and the other party’s ability to pay support, maintenance, or alimony. The amount of durational alimony is the amount determined to be the recipient’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.
We analyze each case individually, examining tangible factors including length of marriage, lifestyle standards, contributions of both parties, income imputation, financial disparity, adultery, and marital misconduct.
Our objective is to determine your optimal alimony position and, where applicable, develop strong defenses against unreasonable or unwarranted alimony claims. We work with specialized professionals including forensic accountants, vocational evaluation experts, and financial analysts to establish your spouse’s true earning capacity and actual income.
Enforcement and Modification:
Alimony obligations carry legal weight.
Failure to pay in full when due may trigger enforcement and contempt proceedings. Either party may seek modification to increase or decrease alimony following a substantial and material change in circumstances, unless the parties have explicitly agreed the obligation is non-modifiable.
We are experienced in enforcing alimony orders and, when warranted, pursuing appropriate remedies. Conversely, we skillfully defend against enforcement actions where circumstances demonstrate that enforcement is unjustified or where a genuine inability to pay exists.
Ready to Discuss Your Family Law Matters?
If you’re facing a family law challenge, we’re ready to listen. Contact us to schedule a consultation. We’ll discuss your situation, explain your options, and help you understand what comes next.