Florida Alimony & Spousal Support Lawyers

Divorce can change nearly every part of a person’s financial life. This can include both the division of marital property – assets and debts, and potentially an award of alimony to one spouse. When one spouse earns substantially more than the other, has greater financial resources, or supported the family while the other spouse sacrificed career or educational opportunities, alimony may become an important issue.

Alimony may be awarded in a Florida divorce case when one spouse has a financial need, and the other spouse has the ability to pay financial support. The spouses can come to an agreement about alimony, or a court may award one of four types of alimony based on an analysis of the circumstances of the marriage, which may be payable over time or in a lump sum. Our Florida alimony and spousal support lawyers can explain your rights and advocate for your financial interests in your divorce.

At Luhrsen Goldberg, we understand that alimony is about more than monthly payments. We work closely with our clients to understand their circumstances, explain the legal process, and pursue practical solutions that protect their financial interests. Reach out to our law firm today to schedule a free consultation with a Sarasota family lawyer.

Understanding Alimony

Alimony, which is also referred to as spousal support or spousal maintenance, is financial assistance paid by one spouse to the other during or after a divorce. The purpose of alimony is not to punish a spouse for the end of the marriage. Instead, alimony may help to address a financial imbalance created by the divorce when one spouse has a demonstrated need for support, and the other spouse has the ability to pay.

For example, one spouse may have:

Left the workforce to raise children
Reduced work hours to care for the family
Delayed education or career advancement
Supported the other spouse’s professional development
Earned substantially less throughout the marriage
Experienced a long period of financial dependence during the marriage
Needed additional education, training, or work experience to become self-supporting

Alimony is not automatically awarded in every Florida divorce. A spouse requesting support must establish a financial need, and the other spouse must have the ability to pay.

Even when one spouse earns more than the other, an alimony award is not guaranteed. The court considers the parties’ financial circumstances, the length of the marriage, the standard of living established during the marriage, and numerous other factors. A Florida alimony lawyer can evaluate the facts of your case, review your financial information, and help you understand whether alimony may be appropriate.

How Do Florida Courts Determine Alimony?

Florida courts begin the alimony analysis by considering two important questions:

Does the spouse requesting alimony have a need for financial support?
Does the other spouse have the ability to pay support?

Both questions must be carefully evaluated. A spouse may demonstrate a financial need but still be unable to receive alimony if the other spouse lacks the ability to make payments after meeting their reasonable financial obligations. Likewise, a spouse may have the financial ability to pay but may not be required to provide alimony if the requesting spouse does not demonstrate a need for support.

Once need and ability to pay have been established, the court considers the circumstances of the marriage and the parties. Florida law requires courts to evaluate relevant factors when determining the appropriate type, amount, and duration of alimony. These factors include:

The standard of living established during the marriage
The length of the marriage
The age and physical condition of each spouse
The emotional condition of each spouse
Each spouse’s financial resources
The income available to each spouse
The earning capacity of each spouse
Each spouse’s education and employment history
The time necessary for a spouse to obtain education, training, or employment
Each spouse’s contributions to the marriage
Contributions involving child care and household responsibilities
Contributions to the other spouse’s education or career
The responsibilities each spouse will have for minor children
The tax consequences of an alimony award
Any other relevant circumstances affecting fairness and equity

The court will consider the contributions made by a spouse who did not earn income outside of the home. Raising children, managing a household, supporting a spouse’s career, and making other nonfinancial contributions may be highly relevant to the alimony analysis.

Alimony cases often involve detailed financial information, which courts analyze through the parties’ mandatory financial disclosures. However, income alone may not tell the complete story. The court may examine other financial matters, including assets, liabilities, recurring expenses, employment benefits, retirement resources, investment income, and other financial factors.

The law surrounding alimony in Florida can be complex. Our Florida alimony lawyers work with clients to identify the information that may affect an alimony claim. We will then develop a clear strategy based on the facts of the case.

Types of Alimony Available in Florida

Florida law recognizes several forms of alimony. The appropriate type of support depends on the parties’ needs, financial circumstances, and the purpose of the award. The four types of alimony available in Florida include:

Temporary Alimony: Temporary alimony may provide financial support while a divorce case is pending. Divorce proceedings can take months or longer to resolve. During that time, one spouse may need assistance paying housing costs, utilities, insurance, food expenses, or other necessary living expenses. Temporary alimony is intended to help address financial needs during the divorce process. It ends when the court enters a final judgment, although this order may establish a different form of support. Temporary alimony may be especially important when one spouse has limited access to income or financial resources during the divorce.
Bridge-the-Gap Alimony: Bridge-the-gap alimony is designed to help a spouse transition from married life to single life. This form of support may assist with legitimate and identifiable short-term needs that arise during the transition following divorce. For example, bridge-the-gap alimony may help a spouse establish a new household, secure transportation, address short-term living expenses, or adjust to the financial changes caused by the dissolution of the marriage. Bridge-the-gap alimony is limited in duration and may not exceed two years. This type of alimony is generally intended to address short-term transitional needs rather than providing long-term financial support. Its terms may also be subject to limitations regarding modification.
Rehabilitative Alimony: Rehabilitative alimony is intended to help a spouse become financially independent through education, training, or the redevelopment of employment skills. A spouse seeking rehabilitative alimony generally must present a specific and defined plan. The plan may identify:
- The education or training needed
- The expected cost of the program
- The anticipated duration of the program
- The employment skills the spouse expects to obtain
- The anticipated income or employment opportunities after completion
For example, a spouse who left a professional career to raise children may need updated training or certifications before returning to the workforce. Another spouse may need to complete a degree or vocational program to obtain suitable employment. Rehabilitative alimony is designed to provide support while the spouse works toward greater financial independence. It is generally limited in duration and may be subject to modification or termination under appropriate circumstances.
Durational Alimony: Durational alimony provides financial assistance for a specific period following divorce. Unlike permanent alimony, which is no longer available for new awards under Florida law, durational alimony is intended to provide economic assistance for a defined length of time. The duration of an award may depend on the length of the marriage and other circumstances. Florida law generally classifies marriages as:
- Short-term marriages: Marriages lasting less than 10 years
- Moderate-term marriages: Marriages lasting at least 10 years but less than 20 years
- Long-term marriages: Marriages lasting 20 years or longer
The length of a marriage is generally measured from the date of the marriage until the date a petition for dissolution of marriage is filed.

Florida law places limits on the length of many durational alimony awards. However, the facts of a particular case may affect whether an exception or adjustment is appropriate. The amount of durational alimony may also be limited by the requesting spouse’s reasonable need and the financial circumstances of both parties. Because the rules governing durational alimony can be complex, it is important to obtain legal advice before agreeing to a proposed amount or duration.

Importantly, Florida eliminated permanent alimony as part of significant changes to the state’s alimony laws. As a result, courts generally cannot enter new permanent alimony awards under the current legal framework. Instead, courts may consider temporary, bridge-the-gap, rehabilitative, or durational alimony when the legal requirements are met.

This change does not necessarily mean that a financially dependent spouse will receive no support. Depending on the circumstances, durational or rehabilitative alimony may provide meaningful financial assistance.

The elimination of permanent alimony also does not terminate alimony awards entered under prior law. Existing orders are governed by the terms of the order and Florida law. If you have an existing alimony judgment or are considering filing for a modification, an attorney can review the order and explain how current law may affect your situation.

How Is the Amount of Alimony Determined?

Florida does not use a single formula that automatically determines the amount of alimony in every divorce. The court considers the requesting spouse’s reasonable financial needs and the paying spouse’s ability to provide support. The parties’ income, expenses, assets, debts, employment opportunities, and other financial circumstances may all be relevant.

The court may review information involving:

Salary and wages
Bonuses and commissions
Self-employment income
Business income
Investment income
Retirement income
Rental income
Employment benefits
Health insurance costs
Housing expenses
Debt obligations
Child-related expenses
Necessary monthly living expenses

The information contained on the parties’ financial disclosures is used when determining alimony. Incomplete or inaccurate financial information can affect settlement negotiations and may create serious problems during litigation. Our attorneys help clients understand the financial disclosure process and identify information that may be important to an alimony determination.

Does Marital Misconduct Affect Alimony?

Florida is a no-fault divorce state. To get divorced, neither spouse has to prove that the other spouse did anything wrong or somehow caused the marriage to end. However, certain conduct may still be relevant to financial issues in a divorce.

For example, consider a situation where one spouse intentionally spent marital funds on an extramarital relationship or engaged in conduct that caused a significant financial loss. The court may consider the financial impact when addressing alimony or property division.

The focus is generally not on punishing a spouse for personal behavior. Instead, the court may consider whether misconduct had a meaningful financial effect on the marriage or the parties’ resources. If marital misconduct may be relevant to your case, our Florida alimony attorneys can help determine what evidence may support your arguments.

Can Alimony Be Modified or Terminated in Florida?

An alimony award may sometimes be modified or even terminated after a divorce. However, a person cannot simply stop paying or begin paying less because their financial circumstances have changed.

For modifications, the person requesting the change must demonstrate a substantial, material, and continuing change in circumstances that was not anticipated when the existing order was entered. Potential reasons for seeking an alimony modification may include:

A significant and continuing decrease in income
Involuntary job loss
A major change in employment circumstances
A substantial increase in the receiving spouse’s income
A significant change in financial need
A serious change affecting a spouse’s ability to work
Retirement
A change in the financial circumstances of either former spouse

The facts surrounding the change are important. A temporary reduction in income may not support a permanent modification. Likewise, a person who voluntarily leaves a well-paying job may face additional questions regarding earning capacity. The court may consider whether the change was anticipated, whether it is likely to continue, and how it affects the parties’ financial circumstances.

If a receiving spouse remarries or enters into a supportive cohabitating relationship, then alimony may also be reduced or terminated. Depending on the type and terms of the alimony award, remarriage may result in the termination of ongoing support.

However, the paying spouse should not assume that payments automatically end without reviewing the applicable court order and legal requirements. If you are paying alimony and your former spouse has remarried, our Florida alimony lawyers can review your judgment and explain your options.

Cohabitation may also affect an alimony obligation. Florida law may allow a court to consider whether the receiving spouse is in a supportive relationship. A supportive relationship may involve more than simply sharing a residence, such as:

Sharing living expenses
Jointly owning or using property
Financially supporting each other
Presenting themselves as a family unit
Combining financial resources
The length and nature of the relationship
Whether either person has provided valuable services or support to the other

A supportive relationship may provide grounds for modifying or terminating certain alimony obligations. However, proving a supportive relationship can require detailed evidence. A paying spouse should not stop making payments based only on an assumption or suspicion.

If you are receiving or paying alimony, it is important to seek legal advice before taking action related to these spousal support payments. Our Florida alimony lawyers can evaluate the circumstances of your case and help determine whether a modification request may be appropriate.

How a Florida Alimony Lawyer Can Help

Alimony disputes can involve complicated financial information, legal standards, and long-term consequences. An experienced Florida alimony attorney can help by:

Explaining the types of alimony available
Evaluating whether a spouse has a financial need
Assessing the other spouse’s ability to pay
Reviewing financial affidavits and disclosures
Identifying income, assets, and financial resources
Calculating reasonable monthly expenses
Negotiating an alimony agreement
Preparing for mediation
Developing evidence for a contested hearing
Seeking modification or termination of alimony
Defending against an unsupported modification request
Enforcing an existing alimony order
Evaluating the effect of retirement, remarriage, or cohabitation

An alimony agreement may affect your financial future for years. It is important to understand the terms and potential consequences before signing a settlement or agreeing to a court order.

At Luhrsen Goldberg, we understand that divorce is both a legal and personal transition. Our attorneys take the time to understand each client’s financial circumstances, goals, and concerns. We provide straightforward legal guidance while pursuing solutions designed to protect our clients’ interests.

As a women-founded and women-led boutique law firm, we bring experience, compassion, and a collaborative perspective to family law matters. We work to minimize unnecessary conflict whenever possible while remaining prepared to advocate for our clients when litigation is necessary. Whether you are seeking alimony, concerned about a potential support obligation, or facing a dispute involving an existing order, our team can help you evaluate your options and make informed decisions.

Reach Out to Talk to a Florida Alimony & Spousal Support Attorney

Alimony can have a lasting effect on your financial security after divorce. If you are concerned about receiving support, paying support, modifying an existing obligation, preparing for retirement, or enforcing an alimony order, our experienced legal guidance can help you understand your rights. We represent men and women throughout Sarasota, Lakewood Ranch, Bradenton, and the surrounding communities in a range of family law matters, including divorce and alimony.

At Luhrsen Goldberg, we offer strategic legal representation to clients undergoing major life transitions. We provide personalized legal representation that is based on your unique circumstances. Contact our law firm today at 941-740-6473 or fill out our online contact form to schedule a consultation with a Florida alimony and spousal support attorney.