Alimony - Frequently Asked Questions

What is Alimony?

Alimony is periodic financial support paid to a former spouse for an indefinite or definite duration, depending on the type of alimony. It is not intended to divide future income but to meet the needs of a former spouse that were established during the marriage.

How is Alimony calculated in Florida?

Unlike child support , there is no mathematical formula for calculating alimony. In Florida, the courts have the discretion to rule matters related to alimony, based on the specific circumstances of each case and the limits set by law, including entitlement, duration, type, and amount of alimony to be paid.

What are the types of alimony in Florida?

Florida Law recognizes the following types of alimony:

Permanent Alimony : This type of alimony is paid until the receiving party remarries or either party dies.
Rehabilitative Alimony : This alimony is intended to support the former spouse while they establish or regain the ability to care for themselves, provided the receiving party can demonstrate the plan, objective, and cost of rehabilitation, as well as how the plan will help them to be self-sufficient.
Bridge-the-gap Alimony : This alimony has a short duration. It is intended to help former spouses make the transition from married life to single life, by covering timely and demonstrable needs.
Lump-sum : The court may order that alimony be paid in a single payment or installments rather than over a period of time. This type of alimony is common when the former spouse is in poor health or in other compelling circumstances.
Durational Alimony : The purpose of this alimony is to provide support to former spouses for a fixed period after the end of a marriage of short or moderate duration.
Nominal Alimony : If the court considers there is a need for alimony, but the payer has no resources to cover the needs of the payee, nominal alimony is established. Once the finances of the payer improve, the court can later increase the value of the alimony.

Can Alimony be changed or reduced after divorce?

If the beneficiary remarried, increased their income, or is in a supportive relationship, the judge will likely determine that there are grounds to modify the payments. Contact us today for a consultation !

How long do I have to be married to get alimony?

The length of the marriage is one of the main factors in determining the type of alimony.

Short-Term marriages: those lasting less than 7 years;
Moderate-Term marriages: those lasting between 7 and 17 years;
Long-Term marriages: 17 years or more.

Short-term married couples qualify for short-term alimony , such as Bridge-the-gap. On the other hand, long-term marriages tend to receive permanent alimony .

Can You Get Alimony if You’re Not Yet Divorced?

When a marriage can no longer be saved, some couples opt for separation instead of divorce. A separation is often the preferred option for couples either looking to take a break in order to repair their marriage, whose religious convictions oppose the dissolution of marriage, or those who are no longer romantically involved but rely on the financial and tax benefits of their marital status. In the state of Florida, couples who become separated but not yet divorced may be eligible for spousal support benefits such as alimony.... Read more

Is alimony taxable in Florida?

Alimony payments established before January 1, 2019, are taxable to the payee and deductible by the payor unless otherwise designated. However, due to changes in Florida and federal tax laws, all alimony payments on or after that date are considered non-taxable and non-deductible.

The best way to mitigate the economic impact of this change is to negotiate lower amounts of alimony. We can help! Contact us today!

Contact Our Orlando Family Law Firm Today!

To arrange a consultation with an alimony lawyer in Orlando who will protect your interests and advocate fiercely on your behalf, please contact The Roberts Family Law Firm today at (407) 426-6999 or email us. We represent clients in Orlando, Winter Park, Kissimmee and throughout Central Florida. Free parking is available.