Going through a divorce in Florida and worried about the economic repercussions? The law may have options that can help.
In 2023, Florida reformed its alimony laws and set new rules for durational alimony. Durational alimony provides an ex-spouse with financial support for a period of time after the marriage ends. Here is what you need to know about durational alimony to help plan your financial future.
Who qualifies for durational alimony?
The court must first determine your actual financial need for support and your ex-spouse’s ability to pay. Once the court establishes these, it can award durational alimony for a marriage of short, moderate, or long duration. However, durational alimony may not be awarded for a marriage that lasted less than three years.
The court calculates durational alimony based on marriage length, from the wedding date to the divorce filing date. It can modify or extend these limits, but only under exceptional circumstances, proven by clear and convincing evidence.
The court also takes a close look at your situation before deciding. In addition to marriage length, it may consider these circumstances:
- If you have a serious physical or mental disability
- If you are caring for a shared child with disabilities
- If your age, job skills, or finances make self-support hard
Caregiving extensions may end when the child no longer needs care or passes away.
Are there financial caps for durational alimony?
The alimony amount cannot go above what you actually need to get by, or 35% of the gap between both spouses’ net incomes, whichever is less. Net income excludes spousal support paid under a court order between the parties.
The person paying cannot end up with significantly less net income than the person receiving support. If the court allows this for some reason, it has to be explained in writing.
Can one modify or end the alimony?
You or your ex-spouse can ask the court to change the alimony amount if your situation has significantly changed. However, changing the length of payments may require exceptional circumstances. Alimony usually ends if either spouse dies, the recipient remarries, or the recipient enters a supportive relationship with another person.
A payor may move to end or reduce alimony when they retire. Under the 2023 reform, they must prove that their retirement is ‘reasonable’ and made in good faith. The law defines ‘normal retirement age’ as the age at which a person is eligible for full Social Security benefits. Their specific profession may also define the customary retirement age.
While the court will weigh both spouses’ health and the impact on the recipient, the new law provides a clearer pathway for alimony to end upon retirement.
Divorce brings enough uncertainty on its own. Knowing what financial support you may be entitled to can make a real difference as you plan.