In a divorce proceeding, a court may grant alimony to either party upon a determination that one party has a need for alimony and the other party has an ability to pay. In 2023, the Florida Legislature made significant changes to Florida Statute § 61.08, also known as the alimony statute.
Most notably the changes in the law eliminated permanent alimony for cases that had not reached a final resolution prior to July 1, 2023. There are now four regularly awarded types of alimony recognized in Florida – temporary alimony, bridge-the-gap alimony, rehabilitative alimony or durational alimony. The new version of the statute also redefined the length of a marriage. There is now a presumption that a short-term marriage is defined as 10-years or less, a moderate-term marriage is between 10 and 20 years, and a long-term marriage is more than 20 years. These distinctions are significant depending on the type of alimony a party is seeking as discussed below.
The Alimony Factors
After determining whether one party has a need for alimony and the other party has the ability to pay, a court is then required to review and consider a series of statutory factors to determine the appropriate type of alimony and the amount of alimony award.
These factors include 1) the duration of the marriage, 2) the standard of living established during the marriage and the anticipated needs and necessities of life for each party, 3) the age, physical, mental, and emotional condition of each party, 4) the resources and income of each party, 5) the earning capacities, educational levels, vocational skills, and employability of the parties, 6) the contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party, 7) the responsibilities each party will have with regard to any minor children whom the parties have in common, and 8) any other factor necessary for equity and justice between the parties.
Based on the final “catch all” factor, the Court can consider anything a party presents which could be considered relevant to an alimony determination. The law recognizes that every case is unique, and these factors are designed to consider the unique needs of individuals and families.
Bridge-the-Gap Alimony
Bridge-the-gap alimony is a specific form of alimony designed to assist a party in making the transition from married life to single life. The length of the award of bridge-the-gap alimony may not exceed two (2) years and should be used to support a party’s legitimate and identifiable short-term needs. For parties in a short-term marriage, this will often be the most likely, and appropriate, form of alimony a court will order.
Rehabilitative Alimony
Rehabilitative alimony is a form of alimony that is designed to assist a party in establishing the capacity for self-support through either 1) the redevelopment of previous skills or credentials or 2) the acquisition of education, training, or work experience necessary to develop employment skills or credentials. Rehabilitative alimony cannot be awarded for more than five (5) years and a party requesting rehabilitative alimony must present a clear rehabilitative plan to the court. This plan should include what degree, vocational program, or certificate the party desires to earn, how long that program would take, and the cost of enrollment, books, etc.
Durational Alimony
The 2023 changes in the alimony statute included significant changes to durational alimony. Durational alimony may be awarded to provide a party with support for a set period of time following the marriage. Previously, judges had significant discretion in determining the length and amount of a durational alimony award. Now, durational alimony is strictly defined by mathematical considerations. Durational alimony cannot exceed 50% of the length of a short-term marriage, 60% of the length of a moderate-term marriage, and 75% of the length of a long-term marriage. Additionally, the amount of alimony awarded cannot exceed the lesser amount of 35% of the difference between the parties’ net incomes or the amount determined to be the obligee’s reasonable need. There are very limited factors a court will consider in making an award outside these set parameters. A party should be aware of these limitations before considering whether to proceed on a claim for durational alimony.
Temporary Alimony
The above discussed types of alimony are forms of permanent relief which can be included in a settlement or Final Judgement. Under Florida Statute § 61.071, a party may also claim temporary alimony and seek a reasonable sum of money for support during the divorce proceedings. The Court does not have to make the same considerations as other forms of alimony but rather, the Court can grant a reasonable sum if the request is “well founded.”
Our Firm
Individuals engaged in the dissolution of marriage process should be aware of their potential rights and obligations as it relates to the ability to seek financial relief during and after divorce. At Rossway Swan, our experienced family law attorneys assist clients with navigating the financial concerns raised by divorce proceedings.
Prepared by the Matrimonial and Family Law Group at Rossway Swan Tierney Barry & Oliver, P.L. Contact Bradley Rossway, Chelsea Miller, or Haley Davis for more information.
