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Alimony Guidelines in the State of Florida

When spouses divorce, one spouse is often in a better financial position than the other. One spouse may earn a significantly higher salary, while the other may work less or not at all if she is taking care of the children. In Florida, a spouse concerned about her financial situation after the divorce can request alimony from the court.

  1. Factors

    • Alimony is awarded based on the receiving spouse's need and the owing spouse's ability to pay. When determining the amount and payment arrangement, the court will consider several factors set forth in Florida Statute 61.08. They include the spouses' ages and any health conditions, each spouse's assets, income and expenses, whether the requesting spouse requires training or education to obtain adequate employment, the standard of living enjoyed throughout the marriage, and the length of the marriage. Marriage length is particularly important because it is uncommon for courts to award alimony to a spouse married for less than 10 years. Additionally, a court can raise or lower alimony based on a spouse's conduct during the marriage, including any instances of abuse or adultery.

    Rehabilitative Alimony

    • Kristensen v. Kristensen, a 1983 Florida court case, also permits rehabilitative alimony. Alimony for this purpose is short-term and is only awarded if the requesting spouse establishes a rehabilitation plan. The plan must set forth the steps the spouse will take to become financially independent, including completion of education or training programs and obtaining adequate employment.

    Modification

    • Florida Statute 61.14 permits a spouse to request modification of an alimony order. The petitioning spouse must establish that there has been a "substantial change in circumstance." An increase or decrease in income is the most common change but that alone is not enough for a court to modify the order. The petitioner must also show that the change is permanent and involuntary. This means that the owing spouse cannot quit his job in order to claim inability to meet his alimony obligation.

    Termination

    • Rehabilitative alimony terminates on the date included in the court order, decided by the judge at the time of issuance. In Florida, permanent alimony is owed until the death of either spouse. Alimony can terminate early if the receiving spouse remarries. Additionally, Florida's statute was amended in 2005 to permit an owing spouse to request termination of alimony if the receiving spouse is in a cohabitative and financially supportive relationship, though not legally married. This change was made after an owing spouse requested termination because his ex-wife and her partner were avoiding marriage in order to take advantage of the ex-wife's $5,000-per-month alimony payments.

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