There are different types of divorces in Florida with unique requirements. For example, a simple divorce does not allow spouses to benefit from alimony in Florida.
Meanwhile, one of the biggest issues in contested divorce is alimony support. So, the types of divorce will also affect the alimony payments.
This is why you may want to know more about it for informed divorce proceedings.
Fortunately, you don’t have to go far for this information. Below we have detailed everything about it.
What Is Alimony?
Alimony in Florida is spousal support that one spouse gives to another spouse after a divorce. The amount is paid monthly to help the other party with their finances. That is because some spouses are significantly dependent on the other spouse for financial support during the marriage.
Many factors affect alimony in Florida such as the other party’s ability to pay and the specific needs of the spouse requesting support. These factors include:
- Duration of marriage
- Age and emotional condition of both spouses
- Responsibilities of each spouse during their marriage
- Financial responsibility and earning capacity of the spouses
Florida Alimony Laws: An Overview
According to laws in Florida, alimony is decided by a judge after considering various things. One spouse must provide alimony in Florida to other spouse monthly if the court gives a decision in favor of the requesting party.
The judge will evaluate the earning capacity of the person requesting alimony in Florida. They will also consider their maximum earning potential to decide the proper amount they must receive.
When a spouse’s earning ability is contested during cases of alimony in Florida, an expert may be brought. They will determine the maximum employability potential of the spouse.
This is why, one must follow all Florida alimony laws when filing for spousal support.
Types Of Alimony In Florida
Because of Florida alimony laws, spousal support have been divided into different types. Let’s look at them to help you understand better:
- Temporary alimony is given to spouses while the divorce is in process to help them stay financially stable
- Bridge the gap alimony in Florida is to help spouses adapt to their new single life. It is a short-term alimony paid only for specific time
- Rehabilitative alimony is to help spouse develop skills or complete their education which can help them achieve employment after the divorce
- There is also durational alimony in Florida for spouses who have been married for more than three years. The other spouse will offer it for the set period of time decided by the Florida court
- Permanent alimony in Florida is for a those spouses who cannot support themselves financially after separation in any case
How Is Alimony Calculated In Florida By Judges?
Below is everything you need to know about the calculation of alimony in Florida:
Spouses Requesting Alimony Must Prove Need For Financial Support
The top thing that is necessary for judges to calculate alimony in Florida is a request from one spouse. One of the spouses must file an official application detailing their need for financial support.
Gender is not considered when a spouse is requesting alimony in Florida. You can take the relevant forms from the county court clerk of your region. They will also ask you to submit the filled documents to them:
It is best to consult a lawyer when filing for alimony in Florida. An attorney will guide you on Florida alimony laws. They will also help you understand the type of alimony you are eligible for.
Remember the court may reject your financial support request if you submit incomplete forms. It is also important that the other spouse is capable of paying support.
You will have to prove these things through different documents such as financial statements. If a disability or lack of education is affecting your ability to earn, you may submit medical forms.
Once you submit the request with evidence, a judge will consider other factors to determine the appropriate amount you must receive. If your spouse contests alimony support request, the case may last from weeks to years.
The Judge Will Take Into Consideration Various Factors To Award Alimony
There are many different factors that a judge considers to determine the amount of alimony in Florida. Here are their complete details to help you:
Marriage Duration
An important factor affecting alimony in Florida is marriage duration. The court will always check how long you were married for. If the duration is more than three years, there are higher chances of achieving alimony in Florida.
Meanwhile, spouses in short marriages are rarely offered alimony. You may also receive temporary support if your marriage was shorter than three years. To prove the duration, you may have to submit documents such as marriage certificate and divorce certificate.
The rules for permanent alimony differ because the requirement for it is 17 years of marriage duration. Sometimes it is also awarded if the duration is less than 17 years, but more than seven years.
In such cases, clear evidence must be submitted to convince the judge that you require financial support forever. Otherwise, it will be difficult to win the case.
Judges in Florida also decide amount of alimony based on marriage duration. People with longer marriages can expect to get a higher percentage of alimony.
This is why you may hire an expert divorce lawyer to help you with alimony in Florida. Companies such as Kraken Law offer experienced teams to help citizens.
Needs Of Spouse After Divorce
The needs of spouse affect alimony in Florida because it helps judges determine appropriate awarding amounts. There are also different factors the judge will consider such as responsibility of children.
For example, spouses that have primary custody of their kids can expect to get spousal support of a higher amount. That is because the expenses of their kid and child support is also factored in.
Other needs such as ability to survive may also affect alimony amount in Florida. You may be maximizing your employment potential, but it may still be difficult to make ends meet.
You have to offer evidence of the different needs and expenses to prove you’re not able to meet ends. For example, you may have to submit your net income statement to help the court understand the amount you bring home.
Another statement you may have to submit is for expenses. These things can prove whether you’re maximizing your ability to work or not.
The court may also ask you to prove income you can generate through your past marital assets and current non-marital assets. Proving these things alone can be difficult, which is why it is recommended to hire an attorney.
A lawyer will help you understand Florida alimony laws and file documents for you. They may also prepare your for court hearings to ensure you don’t self-harm your case due to lack of information.
Employment Ability
Another important factor that affects alimony in Florida is the employment ability and capacity of the requesting spouse. The former refers to whether the relevant spouse can earn at all or not.
For example, you may have complete body paralysis preventing you from working due to an accident. You may also not have other family members to depend on for income.
In such cases, you may file for alimony in Florida if your ex-spouse can pay for it. Meanwhile, employment capacity is the working capacity of the requesting spouse.
For example, you may not be able to work to your true potential due to disabilities such as a leg condition. The court will look at your income statements and other proof to see if you’re earning at your maximum potential.
Your education may also affect your employment capacity. For instance, you may only be eligible for entry-level jobs at different companies due to only a high school degree.
In such cases, your lack of education will be limiting your ability to receive promotions and salary raises. A judge will consider all these things before deciding on whether to award alimony.
If they decide to award you alimony in Florida, their next step will be determining the amount suitable to help you meet your needs.
Marital Standard Of Living
The lifestyle of couples during their marriage is also take into consideration for alimony in Florida. For example, you and your may have had an upper middle class lifestyle during your marriage.
You may have traveled to various places and didn’t worry about money in the last. However, you may have been living a poorer lifestyle than your spouse in Florida after divorce.
Your ex-spouse may also be earning a greater income than you due to higher education certificates and family support. In such a case, the court may award you alimony support after considering your earning ability and capacity.
Remember the alimony is not always high in such cases due to consideration of other factors. This is why you must offer solid evidence that you require financial assistance.
Your past income contributions towards your marriage may also affect a judge’s decision. Hiring an expert lawyer is an excellent idea to enhance your winning chances.
The court will also decide whether you’re eligible for rehabilitative alimony in Florida or permanent alimony. It is difficult to achieve permanent support especially if your marriage was short.
Average Alimony Spouses Can Receive In Florida
As we studied above, various factors are taken into account before deciding the amount of alimony awarded to a spouse. However, the average alimony most spouses can receive in Florida will not exceed 40% of the gross income of the spouse paying the alimony.
On the other hand, if the marriage has lasted less than seven years, then it will not exceed 20% of the gross income of the spouse paying.
To get a fairer estimate of the average alimony in Florida, we recommend you speak with one of the top family law experts at Kraken Law.
Time Limits On The Duration Of Alimony Payments In Florida
Time limits on the duration of alimony payments in Florida will take the length of marriage into account. For example, if you get durational alimony, then the payments will not last longer than the length of the marriage.
However, if you and your spouse have been in a long-term marriage in Florida, i.e., over seventeen years, then your spouse will get permanent lifetime alimony (permanent alimony is not available in Florida anymore.)
On the other hand, if the spouse remarries, the alimony payments will automatically terminate as the obligation to the previous spouse has ended. From the date of the remarriage, the alimony payments will cease to exist.
So, the length of the duration of alimony in Florida, depends on various factors and your circumstance. It is best that you talk to your alimony lawyer in Florida to understand payments.
FAQs
What Is The Average Alimony Payment In Florida?
Average alimony in Florida doesn’t exceed between 20% and 40% of the payers gross income. However, the specific alimony for your case will depend on the circumstances, but will lie within this range.
What Qualifies You For Alimony In FL?
Various factors qualify spouses for alimony in Florida. These include the length of the marriage, standard of living during the marriage, financial resources of both spouses, and more.
What Is The New Alimony Law In Florida?
The new alimony law in Florida has set forth new parameters for the duration, amount, and type of alimony in place. However, if you were awarded permanent alimony before July 1, 2023, then this will remain in place.
Is Florida A Lifetime Alimony State?
Florida is no longer a lifetime alimony state after 2023. So, regardless of the length of your marriage or type of alimony, you will not receive permanent alimony after you and your spouse are divorced.
Contact A Family Lawyer In Florida To Settle Alimony Payments
That is everything you need to know about alimony in Florida. Spousal support is only for specific spouses, depending on factors such as employment ability, financial assets, and more.
It can be difficult to fight alimony cases because you will have to submit various documents. You must also prove every information that you present to court.
This is why hiring a lawyer is the best option for alimony in Florida. So be sure to get in touch with us now to consult with our team of attorneys.
