Many people believe that alimony is a guaranteed part of the divorce process. If you are going through a divorce in Florida, you might be asking, “Will I have to pay alimony?” or “Will I receive alimony?” But do all divorces in Florida include alimony? No, alimony is not guaranteed in all Florida divorce cases. Whether or not alimony is awarded in your case depends on your unique circumstances and the court’s decision. Read on to learn more!

Alimony is Not Guaranteed in Florida

As stated already, alimony is not automatic in all divorces in Florida. Just because you and your spouse are ending your marriage does not guarantee that one of you will be required to make alimony payments.

Florida law requires the requesting spouse to show two things before any alimony can be awarded;

•     A legitimate need for financial help
•     The other spouse’s ability to provide that support

If a spouse cannot show either of the above, the court may not award alimony. Additionally, in some situations, couples agree via agreements, such as a prenuptial agreement, that no alimony should be awarded. In such a case, the court will generally uphold the agreement as long as it is fair and legally enforceable.

How Do Florida Courts Determine Alimony?

Florida courts determine alimony based on the requesting spouse’s need and the other’s ability to pay. To decide on how much a spouse should pay, the court considers several factors, including the following;

• Duration of the marriage
• The lifestyle maintained during the marriage
• The contributions made by each spouse
• Each spouse’s financial resources
• The age and health of each spouse

In Florida, longer marriages are more likely to result in alimony. For purposes of alimony, Florida law differentiates between different marriage lengths as indicated below;

• Short-term marriages – Below 10 years
• Moderate-term marriages – 10 to 20 years
• Long-term marriages – 20 years or more

Types of Alimony in Florida

There are several alimony types in Florida, with each serving a different purpose.

• Temporary: Meant to support a spouse while the divorce is ongoing
• Bridge the gap: Meant to help a spouse transition to single life
• Rehabilitative: Assists a party in establishing the capacity to support themselves.
• Durational: Offers economic help for a set period of time.

Florida no longer awards permanent alimony, which is alimony that is meant to last a lifetime.

When May Alimony Not Be Awarded?

There are several instances where a Florida court may not award alimony, including;

• Both parties are financially independent
• The requesting spouse fails to show they need support. For example, they have the job skills or assets to support themselves.
• The parties reach a settlement agreement that fairly resolves financial matters without alimony.

In summary, alimony is case-specific in Florida and is never guaranteed. Before the court can decide if you or your soon-to-be ex-spouse should be awarded alimony, many factors will be considered. If you are dealing with a divorce in Florida, it is wise to talk to an experienced Florida divorce attorney for help understanding whether alimony might apply in your case and for help protecting your interests.

Contact Us Today

Contact our skilled divorce lawyers at Tampa Bay Legal Centre, PA, for help determining whether alimony might apply in your divorce case and protecting your interests.