FLORIDA ALIMONY AFTER THE 2023 OVERHAUL

Florida alimony is governed by Florida Statute §61.08, which authorizes courts to award spousal support and provides a structured framework for determining need, ability to pay, duration, and amount.

While the statute provides clear guidelines, alimony remains a fact-specific analysis that depends heavily on the financial circumstances of each party and the evidence presented to the court.

• ‍Step 1: The “Threshold” Of Florida Alimony

Before a Florida court even gets into formulas, numbers, or duration caps, it will typically address two foundational issues:

Key Take aways About Florida Alimony

·      Permanent alimony has been eliminated for newer cases.

·      Courts still begin with need and ability to pay.

·      Durational alimony is now subject to statutory caps.

·      Rehabilitative alimony requires a specific plan and may not exceed 5 years.

• ‍Step1: The Threshold Requirement

Before addressing duration or amount, the court must determine:

• Does one spouse have a genuine financial need? (§61.08)(2)(a)
• Does the other spouse have the ability to pay? (§61.08)(2)(a)

The party seeking alimony bears the burden of proving both need and the other party’s ability to pay.

• ‍Step 2: Written Findings and Core Determinations

If the court reaches the issue of alimony, it must include written findings supporting its decision, unless alimony is denied solely due to a failure to establish need or ability to pay.

Where alimony is awarded, the court must clearly explain the basis for its decision, including how it evaluated the statutory factors.

• ‍Step 3: If The Court Finds That There Is A “Need”
  • ‍Statutory Factors

If both need and ability to pay are established, the court then considers multiple statutory factors, including:

• The duration of the marriage
• The standard of living established during the marriage
• The age and physical, mental, and emotional condition of each party
• The financial resources and income of each party
• The earning capacities, education, and employability of the parties
• Contributions to the marriage (including homemaking and child care)
• Responsibilities for minor children, including special needs

These factors guide the court indetermining both the amount and duration of any alimony award.

Types of Alimony in Florida

Florida law recognizes several types of alimony, each designed for a specific purpose:

• ‍BRIDGE-THE-GAP ALIMONY:‍

Bridge-the-gap alimony is designed to assist a spouse with short-term, identifiable needs as they transition from married to single life

1. Maximum duration: 2 years
2. Terminates upon death of either party, remarriage, or expiration of the award period
3. Not modifiable in amount or duration

‍

• ‍REHABILITATIVEALIMONY

‍May be awarded by the court to assist a party in establishing the capacity for self-support through either: Rehabilitative alimony assists a spouse in becoming

self-supporting through:

• Redevelopment of prior skills; or
• Education, training, or work experience

A specific, defined rehabilitative plan is required.

• Maximum duration: 5 years
• May be modified or terminated based on:
   
  • Substantial change in circumstances
   
  • Noncompliance with the plan
   
  • Completion of the plan

• ‍DURATIONAL ALIMONY:

Durational alimony provides economic assistance for a defined period of time.

• Not available for marriages lasting less than 3 years
• Terminates upon death of either party or remarriage of the recipient    

Modification

• Amount: modifiable upon a substantial change in circumstances
• Length: generally not modifiable except in exceptional circumstances    

Duration Limits

• Short-term marriage (<10 years): up to 50% of the marriage
• Moderate-term marriage (10–20 years): up to 60%
• Long-term marriage (20+ years): up to 75%

In exceptional circumstances, a court may extend the duration upon clear and convincing evidence.

Amount

The amount of durational alimony is the lesser of:

• The recipient’s reasonable need; or
• 35% of the difference between the parties’ net incomes

Examples of How the 35% Cap Works

To better understand how durational alimony is calculated, it is helpful to look at a few practical examples.

In some cases, the statutory cap will control the amount of alimony awarded. For example, if one spouse earns $10,000per month and the other earns $4,000 per month, the difference in their net incomes is $6,000. Thirty-five percent of that difference is $2,100. If the spouse seeking alimony demonstrates a reasonable need of $3,000 per month, the court is still limited by the statutory cap and may award no more than $2,100per month.

In other situations, the recipient’s actual need will control. Using the same income figures, if the spouse seeking alimony only establishes a need of $1,500 per month, the court will award that lower amount, even though the statutory cap would allow for more. In that case, the award is limited by need, not the cap.

There are also cases where the income gap between the parties is smaller, which significantly limits the available alimony. For example, if one spouse earns $6,000 per month and the other earns$4,500 per month, the difference is $1,500. Thirty-five percent of that difference is $525. Even if the spouse seeking alimony claims a need of $2,000per month, the court is restricted by the statutory formula and may award no more than $525 per month.

In higher-income cases, the cap still applies. For instance, if one spouse earns $25,000 per month and the other earns $5,000 per month, the difference is $20,000. Thirty-five percent of that difference is $7,000. Even if the receiving spouse establishes a need greater than that amount, the award will generally be limited to $7,000 per month.

Finally, in some cases the court may consider a party’s earning capacity rather than their actual income. For example, if a spouse is earning $2,000 per month but the court determines they are capable of earning $5,000 per month, that higher figure may be used in the calculation. If the other spouse earns $12,000 per month, the difference becomes $7,000, and the 35% cap would be $2,450. In that situation, even if the spouse claims a higher need, the court may limit the award based on the imputed income and the statutory cap.

Marriage Length Matters (A Lot)

Florida law categorizes marriages as:

• Short-term: under 10 years
• Moderate-term: 10 to 20 years
• Long-term: 20+ years

The length of the marriage is measured from the date of marriage to the date the dissolution action is filed.

Example

For example, in a 12-year marriage, the court is working within the moderate-term category. As a result, durational alimony would generally be limited to no more than 60% of the length of the marriage, unless exceptional circumstances are proven.

Disclaimer: This post is for general information, does not constitute legal advice, and does not create an attorney-clientrelationship. Additionally, the law may change in many respects over time and thus it is vital the you seek the counsel of an attorney who can advise you regarding your specific set of facts.

CONTACT THEEXPERIENCED MARITAL & FAMILY LAW ATTORNEYS AT THE JOSEPHFIRM, P.A.

Attorney Marck K. Joseph, Esq., BCS is a Board Certified Marital and Family Law expertand the owner of The Joseph Firm, P.A. With fourteen (14) years of experiencein Martial & Family Law, he is uniquely qualified in helping in most typesof family cases, including divorce matters.

If you are involved in a family law matter in Florida, consulting with an experienced family law attorney can help you navigate the legal process, our law firm fully understands the challenges of navigating marital and family law issues and we’re always ready to provide the highest-quality legal representation. Whether your case settles outside the courtroom or goes to trial (or final hearing), our attorneys go the extra mile for every client.

Our firm offers free case evaluations to determine whether the firm can assist you with your case, and if we can, a case consultation meeting will be scheduled. The experienced divorce lawyers at Joseph Firm, P.A. are ready to hear your story. We provide smart, aggressive family law representation to clients. To learn more, call (305) 501-0992.