Is permanent alimony still available in Florida?

No. Florida eliminated permanent alimony in 2023. Remaining types are temporary, bridge-the-gap, rehabilitative, and durational, each with statutory duration limits.

How is the amount calculated?

There is no fixed formula. The court determines the recipient's reasonable need and the payer's ability to pay, then weighs the statutory factors. Awards are generally capped at a percentage of the difference in net incomes.

Does cohabitation end alimony?

It can. A supportive relationship may justify reducing or terminating alimony, but it must be proven - not assumed.

Can alimony be modified?

Most awards can be modified on a substantial change in circumstances, unless the parties agreed otherwise in a non-modifiable settlement.

Alimony

Spousal support claims and defenses, argued on real numbers.

Alimony in a divorce or dissolution case rests primarily on two factors: need and an ability to pay. Florida courts may grant spousal support to either party, and the burden rests on the spouse seeking alimony to prove both a need for support and the other spouse's ability to pay it.

An award can take several forms. Temporary alimony is paid while the dissolution proceedings are pending. Durational alimony is awarded for a set period tied to the length of the marriage, and cannot be awarded in marriages lasting less than three years. Bridge-the-gap alimony cannot exceed two years, and rehabilitative alimony cannot exceed five years. Since Florida's 2023 reform, permanent alimony is no longer available.

How we help

Build or challenge the need-and-ability analysis with documented income, expenses and earning capacity.
Identify imputed income where a spouse is voluntarily unemployed or underemployed.
Advise whether an alimony award is appropriate before a case is filed.
Negotiate a fair settlement figure, or structure a buyout within the statutory duration limits.
Pursue or defend modification, termination and enforcement of a court-ordered arrangement.

Statutory factors the court considers

Once need and ability to pay are established, the court weighs the relevant statutory factors in determining the form and amount of any award:

The duration of the marriage.
The standard of living established during the marriage and each party's anticipated needs afterward.
The age and the physical, mental and emotional condition of each party, including any disability and its effect on the ability to earn or to pay.
The resources and income of each party, including income generated by both marital and nonmarital assets.
The earning capacities, educational levels, vocational skills and employability of the parties, including the ability to obtain the education or skills needed to become self-supporting.
The contribution of each party to the marriage, including homemaking, child care, education and career building of the other party.
The responsibilities each party will have for any minor children in common, with special consideration for a child with a mental or physical disability.
Any other factor necessary for equity and justice between the parties.

Frequently asked questions

DiMaggio Law Offices represents clients in alimony matters throughout South Florida, including Fort Lauderdale, Sunrise, Hollywood, Pembroke Pines, Coral Gables, Miami, Miami Beach, Boca Raton, West Palm Beach and Delray Beach.