Alimony

What Is Alimony in Florida?

In Florida, alimony (also known as spousal support) is financial assistance one spouse may be required to pay the other after divorce. Unlike child support, which follows strict guidelines, alimony is more flexible and depends on the unique circumstances of each case.

The court first determines whether one spouse has a need for alimony and whether the other has the ability to pay. If both are established, the court considers several types of alimony and decides what is fair.

Types of Alimony in Florida

Following the 2023 reform of Florida’s alimony laws, permanent alimony has been eliminated. Courts may award:

• Bridge-the-gap alimony: Short-term support to help a spouse meet immediate needs while transitioning from married to single life.

• Rehabilitative alimony: Support for a spouse pursuing education or training to become self-supporting.

• Durational alimony: Support for a defined period of time, often tied to the length of the marriage.

How Courts Decide Alimony

Florida courts consider many factors when determining whether alimony is appropriate, including:

• The length of the marriage

• Each spouse’s income, earning capacity, and employability

• The standard of living during the marriage

• Each spouse’s contributions to the marriage (including childcare and homemaking)

• The financial resources and debts of each spouse

• The need to care for children with special needs

• The economic impact of adultery on the marriage

Modifying or Terminating Alimony

Life circumstances can change after divorce. Florida law allows alimony orders to be modified or terminated if there has been a substantial change in circumstances, such as:

• A significant increase or decrease in income

• Retirement of the paying spouse

• The receiving spouse becoming self-supporting

• The receiving spouse entering into a supportive relationship or remarrying

Our attorneys represent both spouses in modification actions to ensure outcomes remain fair.

Protecting Your Rights

Whether you are seeking alimony or defending against it, the stakes are high. At McNary Law, we help clients by:

• Evaluating financial needs and ability to pay

• Gathering evidence of income, expenses, and lifestyle

• Negotiating fair alimony agreements

• Litigating contested alimony cases in court

• Filing for or defending against alimony modifications

Alimony FAQs

Is alimony automatic in Florida divorces?
No. A spouse must prove both a need for alimony and that the other spouse has the ability to pay.

Can alimony be waived in a prenuptial agreement?
Yes. Prenuptial and postnuptial agreements may include enforceable alimony waivers, as long as they meet legal requirements.

How long does alimony last?
The duration depends on the type awarded. Bridge-the-gap is limited to two years, rehabilitative alimony lasts as long as it takes to complete a plan, and durational alimony is capped by the length of the marriage.

Does adultery affect alimony in Florida?
Yes. While Florida is a no-fault divorce state, courts may consider the financial impact of adultery when deciding alimony.

Why Choose McNary Law?

At McNary Law, we know financial stability is critical during and after divorce. Guided by our core values of honesty, integrity, and problem-solving, our attorneys help clients in Bradenton, Sarasota, and across Manatee County achieve balanced alimony outcomes that protect their future.

Contact McNary Law Today

If you are facing divorce and need guidance on alimony, our attorneys can help. Whether you are seeking support or concerned about paying it, McNary Law will protect your rights and advocate for your financial security.