Miami Alimony Attorneys

What Is Alimony?

Alimony, also called spousal support, is a court-ordered financial arrangement in which one spouse provides financial assistance to the other during or after a divorce. Following legislative changes in 2023 that abolished permanent alimony across the state, Florida law permits temporary, bridge-the-gap, rehabilitative, and durational alimony.

The duration and amount depend on the length of the marriage, the standard of living established while married, and each party’s economic circumstances. Our knowledgeable attorneys approach these high-stakes determinations with close attention to the governing law and the available financial evidence.

For spouses seeking a less contentious way to determine alimony, Christy L. Hertz, a Florida Supreme Court Certified Marital and Family Law Mediator since 2003, can serve as a neutral third party and guide both sides toward a solution outside court.

Types of Alimony in Florida

Each form of alimony addresses a different financial need during or after divorce.

Temporary Alimony

Temporary alimony may help a spouse maintain stability while the divorce is pending. It typically terminates when the final judgment is entered.

Bridge-the-Gap Alimony

Bridge-the-gap alimony addresses legitimate short-term needs during the transition from marriage to single life, such as relocating or securing housing. It can’t be modified in amount or duration and lasts a maximum of two years. It ends upon the death of either party or the receiving spouse’s remarriage.

Rehabilitative Alimony

Rehabilitative alimony is intended to help a spouse obtain the education, training, or work experience needed to become self-supporting. It requires a specific and defined rehabilitative plan and lasts no more than five years.

Durational Alimony

Durational alimony provides ongoing support for a specified period. The amount is capped at the recipient’s reasonable need or 35% of the difference between the parties’ net incomes, whichever is less.

Durational Alimony Limits in Florida

Durational alimony isn’t available after a marriage of less than three years. Florida measures the marriage from the wedding date through the date the petition for dissolution is filed.

The maximum duration depends on the statutory marriage category:

• Short-term marriage. For a marriage of under 10 years, support may not exceed 50% of its duration.
• Moderate-term marriage. For a marriage of at least 10 years but less than 20 years, support may not exceed 60% of its duration.
• Long-term marriage. For a marriage of 20 years or longer, support may not exceed 75% of its duration.

A court can extend durational alimony beyond these limits only upon clear and convincing evidence of exceptional circumstances.

Is Alimony Automatic in a Divorce?

No. A judge must determine whether the requesting spouse has a genuine need for support and whether the other party has the capacity to pay. The spouse requesting alimony bears the burden of proving both points.

Even when the parties have sharply different incomes, the court requires evidence of need and ability to pay after the equitable distribution of marital assets.

The financial evidence can shape this discretionary assessment. We audit household expenses, debt obligations, and post-divorce economic projections to present an accurate account of each party’s position.

How Do Courts Determine the Amount of Alimony? 

Courts consider several factors when determining the type and amount of alimony:

• Need and ability to pay. Before setting an amount, the judge must determine whether a valid deficit exists and whether the paying party has enough net income to cover it.
• Marriage duration. The applicable statutory category affects how long support may continue.
• Statutory factors. Courts examine the marital standard of living, the parties’ ages and health, and their contributions to the marriage. They also consider education, vocational skills, earning capacity, responsibilities for minor children, and income from marital and nonmarital assets.

Whether we’re collaborating with vocational experts to establish a dependent spouse’s earning capacity or presenting detailed lifestyle analyses to the court, we build evidence-based strategies designed to protect your financial security and pursue a sustainable resolution.