Divorce and Alimony

Experienced

South Florida Attorney

If you’re someone who’s spent years building a stable, successful life — whether through long hours, careful financial planning, or steady career growth — divorce can feel like a direct threat to everything you’ve worked for. One of the biggest concerns? Alimony.
You’re not being selfish — you’re being smart. You want to understand how much support you’re truly responsible for, and how to ensure any decisions made are fair and sustainable. Florida’s updated alimony laws, as of July 1, 2023, provide important safeguards for people like you — those who’ve made wise choices and simply want to avoid being taken advantage of.
Here’s what you should know.
No More Lifetime Payments
Florida has eliminated permanent alimony. That means you can no longer be ordered to support an ex-spouse indefinitely just because you’ve been a steady provider. Instead, the law now focuses on reasonable, time-bound support, depending on the actual needs of your former spouse and your ability to pay without compromising your own stability.
Alimony Isn’t Automatic
Just because you were the more financially prepared partner doesn’t mean you’ll be ordered to pay. Florida law requires the court to consider two key things before awarding any alimony:
  1. Does your ex truly have a financial need?
  2. Can you provide support without undermining your own financial security?
The spouse requesting support must prove both — and the court will scrutinize the numbers.
The Court Looks at the Whole Picture
If there is both a genuine need and an ability to pay, the court then considers several factors — not just income. These include:
  • Length of the marriage
  • The lifestyle you both maintained during the marriage
  • Age and health of both spouses
  • Education, job skills, and future earning potential
  • Whether one spouse supported the other’s career or stayed home to care for children
  • How assets and responsibilities are being divided
  • And any other factors the judge believes are relevant to a fair outcome
The goal is equity — not punishment, and not a blank check.

Types of Alimony Now Available
There are only four types of alimony in Florida now, each with defined purposes and limits:
  • Temporary Alimony: Available only during the divorce process, not after.
  • Bridge-the-Gap Alimony: Helps a spouse cover short-term needs during the transition to single life. It’s capped at 2 years, non-renewable, and ends if the recipient remarries or either party passes away.
  • Rehabilitative Alimony: Designed to support education or training for a spouse to become self-sufficient. It requires a specific plan, is capped at 5 years, and can end if the plan is completed, ignored, or circumstances change.
  • Durational Alimony: Provides support for a set number of years, never exceeding the length of the marriage, and only applies to marriages lasting at least 3 years. The amount is based on need, and cannot exceed 35% of the difference between net incomes.

There Are Limits — and Protections
Importantly, alimony can’t leave you worse off than your ex. Courts are not allowed to award support that would give the recipient significantly more net income than the payer — unless truly exceptional circumstances exist.
And in some cases, the court may require any alimony to be secured with life insurance or other assets — but only with proper justification.

What About Infidelity?
Florida is a no-fault divorce state, so infidelity doesn’t automatically increase or decrease alimony. However, if one spouse wasted marital assets on an affair, or if emotional fallout from the affair caused economic harm (like job loss), the court can take that into account when calculating support.

Alimony Can Be Modified or Terminated
Alimony isn’t set in stone. It can be modified or ended if:
  • The recipient remarries
  • The recipient enters a supportive relationship
  • The paying spouse retires in good faith
  • Either party experiences a significant financial change
You are not locked in forever, even with longer-term support arrangements.

The Bottom Line
You’ve worked hard to live within your means, save for the future, and support those around you. Divorce shouldn’t erase all that.
Florida’s new alimony laws aim to make spousal support reasonable, fair, and temporary — not a lifelong burden. If you’re facing divorce and want to protect your financial future, the best step is to work with an attorney who understands how to navigate these laws with strategy and care.
Because being responsible shouldn’t mean being penalized.
 
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