The Florida laws on alimony are detailed and clearly written in non-legal plain language. Before you talk with a lawyer about the possibility of alimony, reading the statute will give you a solid basic understanding of your options., Under Florida state law, the court may grant alimony to either spouse during a divorce. There are four different categories of alimony and you and your lawyer should choose the type that best fits your situation.


"Bridge-the-gap" alimony has been around in Florida since the 1970s. It is a short term cash award to one spouse with the intent to speed the transition from marriage back to being single. An example of bridge-the-gap alimony are monthly payments while the transitioning spouse establishes a household and finds a job. This type of alimony may not last longer than two years and is not subject to modification or revocation.Rehabilitative alimony will only be awarded when the requesting spouse provides a valid plan to transition from being married to a fully self-supporting single person. Rehabilitation plans usually include education and job training. Failure to stick to the plan can result in the loss of alimony.Durational alimony is a statutory creation that went into effect in 2010. The new law recognizes that alimony may be appropriate even in shorter marriages, those under 7 years, or moderate marriages, under 17 years. The judge must still take the traditional factors into account, such as age, education, job skills, child care, and earning capacity. However, durational alimony is legally capped at the length of the marriage.Permanent alimony is as the name suggests. Based on the standard factors, the judge can award alimony that lasts until one of the spouses dies or the receiving party remarries. Permanent alimony is intended for long marriages of over 17 years where any type of shorter alimony would be manifestly unfair. Permanent alimony is subject to court modification if there is a significant change in the circumstances or earning capacity of either party., A grant of alimony is not automatic, even in a fault-based divorce. The court uses a multi-factor test to determine the amount and duration of any alimony award and how it will be paid.


The length of the marriage and the standard of living during the marriage will strongly influence alimony. A spouse who makes significant contributions over a period of many years to help build a substantial standard of living will be more likely to reap the rewards through alimony. Child-rearing, maintaining a home, and contributing to the other spouse's financial success through entertaining, volunteer work, and helping pay for education are all relevant factors.
The court will look at each party's age, earning capacity, and physical and emotional health. Alimony can be used to achieve parity for a vulnerable spouse in a divorce.
Independent sources of income will also be considered. Even if vulnerable, a spouse who has inheritance or investments that are not marital property will be less likely to receive alimony. Overall property division will also be considered. The court can also decide to tip the equitable property division toward the more vulnerable spouse to accomplish fairness and parity., When you are speaking with an attorney, time is of the essence. In order for an attorney to be able to assess your case, she will need to know the basic facts about your marriage.


How long you've been married and the ages of your children.
Your age, education, and job skills. Also your employment history and if you left a job in order to raise children or support your spouse's career.
Your spouse's education and job history and earnings. Also list assets such as investments and retirement accounts.
You and your spouse's military history. Florida has a huge military population and emphasizing your support of a military spouse's career can help you build your case for alimony.
 The question of alimony is very complicated in Florida. Unless you have significant legal experience, it is unlikely that you will be able to handle a request for alimony on your own without legal assistance.


The Florida Bar Association has a referral service to help you connect with an attorney. For a fee of $20 to $50 you can meet with an attorney who handles your type of case for one-half hour. After that, if you like the lawyer, you can arrange for representation.If you feel comfortable talking about your situation, ask family and friends for referrals. You want to talk with someone who has a similar case and experience as yours.
Television and print advertisements can be a starting place as well, but you must be careful to verify their skills and experience during your interview.
 Most attorneys will offer either a free consultation or a low fixed rate. During your consultation, you can assess the attorney's skills, experience, success rate, and familiarity with cases like yours.


Alimony is very contentious in Florida. Ask the attorney about her experience and success with cases like yours. You also want an attorney who is skilled and comfortable with conducting trials over issues like alimony.
Ask about costs. Divorce attorneys cannot take cases on a contingency basis or for a split of the property settlement or alimony. Family law cases are taken either on a flat fee or an hourly rate. If you like the lawyer, negotiate a fee arrangement that works for your budget. Rates will start at $100 per hour and go up from there.
Before you sign a retainer agreement, investigate the attorney's legal standing. The Florida Bar Association has a searchable database of disciplinary actions. You can verify that the attorney is in good standing and review any disciplinary actions.
 Most divorces in Florida are "no-fault," meaning that neither side is accusing the other of wrong-doing and both agree that the marriage should be dissolved. However, the alimony statute, explicitly states that "The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded."If there has been adultery in the marriage by either party, it needs to be disclosed to your lawyer.


Alimony will not be used as a punishment for a cheating spouse and does not automatically qualify or disqualify either you or your spouse from receiving or paying alimony. However, adultery will be considered as how it relates to assets. If one party depleted marital property or financial accounts in support of the affair, then alimony may be awarded as an equitable solution., In most courts, unless you ask for alimony during the initial divorce petition or counterclaim, you are waiving it and cannot ask at a later time.In some cases, the judge will find that alimony may be appropriate, but the other spouse is unable to pay at this time. Legitimate examples of this could include long military deployments, extended volunteer service, or recovering from an illness or injury. In other circumstances, the court may suspect a spouse is hiding assets or refusing to work. In these situations, the judge may award nominal alimony, for example, $1 per year. This reserves jurisdiction and allows the court to revisit the issue of alimony at a later date.Post-decree alimony is extremely rare. However, if you are divorced and believe your spouse committed fraud or coercion to avoid paying alimony, then you need to consult with an attorney who has specific experience in this type of law.
 Florida allows alimony to be paid periodically, usually monthly or quarterly, or in a single lump sum. Alimony is taxable income in all states.You should consult with your attorney and a tax professional to determine how to structure the payment schedule to minimize the tax consequences.


If you do not have children or are not receiving child support, Florida law states that alimony payments can be made directly and not through the state depository. If you are receiving child support payments, using the state depository is optional.
One advantage of using the state depository program is that if your ex falls behind in payments, you can apply to the state for assistance with collecting the back payments.
 At the early stages of your divorce, you don't know what could be the deciding factors in receiving alimony. You need to have good documentation in the form of records, receipts, or a detailed narrative of your contributions to the marriage and opportunities that you gave up to support your spouse. If possible, begin gathering documents and planning your strategy at least six months before initiating the divorce.Examples of lost opportunities include quitting school to raise children, giving up a job or promotion to move with your spouse, or working extra jobs to finance your spouse's education.
 Before your divorce, your attorney needs to know everything, good and bad, about your marriage. Relevant factors include adultery by either spouse, domestic violence, all assets, and if your spouse might be open to a settlement.


Do not, under any circumstances, make false allegations about domestic violence or child abuse. This approach is likely to backfire. Ramifications could include loss of custody, denial of spousal support, and a citation for contempt of court., Permanent alimony is becoming less popular in Florida. Rehabilitative or bridge alimony is more common. To receive rehabilitative alimony, you must present a reasonable plan to the court. The most common plans are attending school to complete a degree or job training. However, if you submit this plan, you must be prepared to follow through with it or your ex-spouse can take you back to court and ask that it be cancelled.


If you have children and plan on returning to school, you can stretch your alimony award by asking that childcare expenses be factored into child support payments.Your alimony request must also be in line with the earning capacity of your spouse and the marital assets. The judge will deny an unreasonable request. Online calculators can help you estimate what you might receive in alimony., If you were denied alimony or received an award that you believe is too low, you can appeal the judge's decision to a higher court.The fee to file a case to Florida's Fourth District Court of Appeal is $300 and must be filed within 30 days of the judge's final decision. Appeals can be very complicated should only be approached after consultation with an attorney. This assistance will usually not be included in the fee agreement you made with your lawyer.Disagreeing with the judge's decision is not grounds for appeal. You will have to be able to show specific times during your divorce procedure where the judge clearly abused his discretion and failed to apply the correct law to your factual situation., If you believe you will have trouble getting your spouse to pay alimony, you may be able to "trade" your rights to alimony for a better share of the marital assets. Discuss your options with your attorney to determine the best choice for your situation.
Study the Florida statutes.
Know the different types of alimony in Florida.
Examine the factors that control alimony.
Summarize your situation in an outline.
Consult with a Florida family law attorney.
Interview and retain an attorney.
Understand the role of fault in alimony cases.
Include a request for alimony in your divorce.
Set up a payment schedule and method.
Gather all the information for your attorney.
Disclose everything to your attorney.
Create realistic plans and goals.
Evaluate the judge's decision.
Consider a property settlement instead of alimony.
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