Alimony

Understanding Alimony in Florida

Alimony—also known as spousal support—is a legal obligation to provide financial assistance to an ex-spouse following a divorce or separation. In Florida, the court may award alimony based on several factors outlined in Florida Statute §61.08. It’s important to understand that alimony isn’t automatic—it must be requested, and the requesting party must demonstrate a need for support and that the other party has the ability to pay.

Types of Alimony Available in Florida

Florida courts may award different types of alimony depending on the specific facts of the case:

• Temporary Alimony: Support granted during the divorce process.

• Bridge-the-Gap Alimony: Short-term support to help a spouse transition from married to single life, up to 2 years.

• Rehabilitative Alimony: Support to help one spouse gain the education or training necessary for self-sufficiency.

• Durational Alimony: Support for a set period of time, not to exceed the length of the marriage.

• Permanent Alimony (Limited Use Post-2023): Following Senate Bill 1416, permanent alimony is no longer awarded in new cases. Existing permanent alimony orders may be modified but not retroactively eliminated without a change in circumstances.

How Is Alimony Determined?

Florida courts consider a variety of factors when deciding whether to award alimony and in what amount, including:

• Duration of the marriage

• Standard of living during the marriage

• Age, health, and emotional condition of each spouse

• Financial resources and earning capacities

• Contributions to the marriage (including homemaking, childcare, and education support)

• Responsibilities toward any minor children

• Tax implications of alimony

At McNary Law, we ensure every relevant factor is clearly presented to the court to support your position—whether you are seeking alimony or challenging an unfair request.

How Long Do You Have to Be Married to Get Alimony in Florida?

The length of the marriage plays a critical role in determining both eligibility and duration for alimony:

• Short-term marriage: Less than 10 years

• Moderate-term marriage: Between 10–20 years

• Long-term marriage: 20 years or more

Under Florida’s new alimony laws, durational alimony is capped based on the length of the marriage, with longer marriages potentially resulting in longer periods of support.

Modifying or Terminating Alimony

Life changes—and so can alimony. Florida law allows for modification or termination of alimony if there is a substantial change in circumstances, such as:

• Retirement

• Job loss or income reduction

• Remarriage or cohabitation of the recipient spouse

• Health issues

If you’re seeking to modify an existing alimony order, our Bradenton and Sarasota attorneys can help you build a compelling case for the change.

Impact of Senate Bill 1416 on Alimony in Florida

In 2023, Florida enacted major alimony reform through Senate Bill 1416, which:

• Eliminated permanent alimony in new cases

• Clarified caps on durational alimony (50% of short-term, 60% of moderate-term, and 75% of long-term marriages)

• Created a rebuttable presumption that retirement at the Social Security retirement age is a valid reason to seek termination or modification

• Encouraged courts to prioritize supportive relationships and cohabitation when considering modification

These changes make it more important than ever to work with a knowledgeable attorney who understands the evolving legal landscape.

How McNary Law Can Help

We’re more than just your legal advocates—we’re your strategic partners in resolving sensitive family law issues. Our approach is tailored, compassionate, and grounded in our core values:

• Honesty and Integrity

• Compassionate Problem-Solving

• Accountability

• Continuous Self-Improvement

• Community Engagement

Whether you’re navigating divorce, child custody, equitable distribution, or domestic violence concerns, our team can integrate all aspects of your family law matter into a unified strategy.

Alimony and Other Family Law Issues

Alimony doesn’t exist in a vacuum—it often intersects with other key family law topics:

• Divorce: Alimony is a core part of the divorce process.

• Child Support: Alimony can impact the financial picture used to calculate support.

• Equitable Distribution: Asset division can affect alimony awards.

• Parenting Plans: One party’s need to stay home with the children may influence alimony determinations.

We offer comprehensive representation across all family law matters in Bradenton and Sarasota.

Schedule a Consultation Today

Alimony disputes can shape your financial future for years to come. Don’t navigate them alone. Whether you’re initiating divorce or modifying an existing order, McNary Law is here to help.

Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.