Understanding alimony can be challenging, particularly in Florida, due to recent changes that have significantly impacted the legal system. Permanent alimony in Florida was once a regular part of divorce agreements, providing ongoing financial support to a partner unable to maintain the lifestyle they had during the marriage. However, starting on July 1, 2023, Florida revised its alimony regulations, eliminating the option for permanent alimony and introducing new types of spousal support.
This blog will explore the implications of these changes, the different forms of alimony now available, and the possibility of modifying or terminating existing alimony agreements under the updated legislation.
What Is Permanent Alimony in Florida?
Before July 1, 2023, in Florida, “permanent alimony” was provided to a former spouse who couldn’t maintain their pre-divorce standard of living. Spousal support of this kind is designed for situations where the marriage has been enduring, typically for more than 17 years, and the recipient spouse is incapable of self-support due to factors such as age, disability, or other circumstances.
Granting alimony as a long-term solution took work. It was only used as a last resort when other forms of spousal support were insufficient. The primary objective was to ensure that the recipient spouse could uphold a lifestyle comparable to what they had experienced while married.
3 Kinds of Alimony Awards Available in Florida
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Bridge-the-Gap Alimony
Bridge-the-gap spousal support is intended to assist one spouse in adjusting from marriage to being on their own. This form of spousal support addresses specific temporary expenses that come up post-divorce. For instance, it could assist a partner in covering day-to-day costs as they adapt to the monetary shifts of being alone, like finding a new place to live or handling urgent bills.
One of the key features of bridge-the-gap alimony is its duration. It may not exceed two years, and its amount and duration cannot be changed once established. This results in a highly specialized and restricted type of aid, focused on smoothing the initial adjustment rather than offering extended monetary help.
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Rehabilitative Alimony
Rehabilitative alimony is granted to help a partner become financially independent. This could include offering assistance as the receiving spouse seeks education, training, or work opportunities to enter the job market or enhance their earning ability.
To be eligible for rehabilitative alimony, the spouse receiving the support must provide a detailed and explicit plan detailing their actions to attain financial independence.
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Durational Alimony
Durational spousal support is granted for a specified duration and is the most similar option to the “permanent” alimony that was once permitted in Florida. It offers assistance for a specific period, not surpassing the duration of the marriage. Spousal support is usually granted when a marriage of many years has dissolved, but the receiving spouse is not eligible for bridge-the-gap or rehabilitative alimony.
Durational spousal support is beneficial when the receiving spouse doesn’t need immediate rehabilitative support but needs financial help to sustain their lifestyle post-divorce. For instance, a partner who stayed home to care for the household for a decade in a marriage could be granted temporary alimony to aid them in reentering the job market or adapting to their changed financial circumstances.
Like rehabilitative alimony, durational alimony can be modified in specific situations, such as a substantial change in either spouse’s financial crisis or if the recipient spouse begins a supportive relationship. Nevertheless, the length of alimony cannot exceed the duration of the marriage.
Should I Hire a Family Law Attorney To Modify or Terminate My Alimony Award?
The 2023 amendments made alimony laws in Florida more complex, further complicating the family law landscape. Understanding your legal rights and options is crucial because permanent alimony was removed, and different forms of spousal support were added.
It is important to speak with a skilled family law attorney if you want to make changes or end a current alimony agreement. A lawyer can assist you in understanding the legal system, regardless of whether you are the one making payments or receiving them, and make sure your interests are properly advocated for.
Contact a Florida Family Law Attorney to Discuss Your Case
At Farber Law, our seasoned team in Aventura is dedicated to guiding clients through the complexities of Florida’s alimony laws, including permanent alimony in Florida. We understand that every case is unique and provide personalized support tailored to your situation. Whether you need assistance modifying an existing alimony agreement or navigating the new legal landscape, we are here to help.
Contact us at (305) 520-9205 for expert advice and assistance in protecting your rights and interests. We are committed to helping you achieve a fair and equitable outcome through negotiation or litigation.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated on divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: This blog is provided solely for educational reasons and to provide you with general information and a general grasp of the law, not to provide particular legal advice. By using this blog site, you acknowledge that you and the blog do not have an attorney-client relationship. The Blog is not intended to replace competent legal counsel from a certified professional attorney in your state.