Will Alimony Apply In Your Divorce?
Alimony is used to make sure parties are financially whole after a divorce. At the Law Office of Cheryl Bucker, P.A., in Pompano Beach, Florida, our attorneys represent clients who need legal assistance establishing, enforcing or modifying spousal support awards.
If you or a loved one has experienced a substantial change in circumstances, such as the loss of a job or a remarriage, you may petition the court for a modification of your alimony award. Our Pompano Beach divorce attorneys represent clients who are seeking alimony as well as those who are expected or required to pay.
You can call our law office at 954-372-2062 to schedule a free 30-minute consultation.
Changes To Alimony Law
In 2023, the Florida statute regarding alimony underwent significant changes. There is now a rebuttable presumption that:
- A short-term marriage is a marriage having a duration of less than 10 years
- A moderate-term marriage is a marriage having a duration between 10 and 20 years
- A long-term marriage is a marriage having a duration of 20 years or longer
A rebuttable presumption means that the statements above are presumed to be true. If one party disagrees, it is their responsibility to prove otherwise with supporting evidence.
Durational Alimony Under Florida Statute Section 61.08
The purpose of durational alimony is to provide a party with economic assistance for a set period of time. An award of durational alimony terminates upon the death of either party or upon the remarriage of the spouse receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances. Durational alimony may not be awarded following a marriage lasting less than 3 years.
An award of durational alimony may not exceed 50% of the length of a short-term marriage, 60% of the length of a moderate-term marriage or 75% of the length of a long-term marriage.
Under exceptional circumstances, the court may extend the term of durational alimony.
The amount of durational alimony is the amount determined to be a spouse’s reasonable need, or an amount not to exceed 35% of the difference between the parties’ net incomes, whichever amount is less.
Rehabilitative Alimony Under Florida Statute Section 61.08
This type of alimony is usually awarded when a spouse has been unemployed during the marriage and needs special training or education to become self-supporting. Durational alimony is usually limited to four years.
Bridge-The-Gap Alimony Under Florida Statute Section 61.08
This type of support is awarded to help a spouse make the transition from being married to being single. It is designed to assist a spouse who has legitimate short-term needs and may not last more than two years.
Whether you need legal representation in your divorce to secure an award of alimony, or you need to modify your existing award, you can rely on the lawyers at the Law Office of Cheryl Bucker, P.A., for quality legal assistance.
Your Alimony Questions, Answered
Below, we’ve provided answers to commonly asked questions about alimony in Florida.
How do Florida courts calculate alimony awards?
In Florida, alimony decisions are made on a case-by-case basis after considering various factors, as opposed to following a strict formula. First, a judge must determine (or the parties must agree) that alimony is necessary and warranted. This involves assessing the needs of the payee and the abilities of the payer.
Specific considerations include the lifestyle maintained during the marriage, the marriage’s duration, each spouse’s age and health, each spouse’s financial resources and contributions to the marriage, among other factors. The aim is to create a fair arrangement that allows both parties to sustain a similar standard of living after the divorce.
Can alimony change after the divorce is finalized?
Yes, it is possible to modify alimony after the divorce is finalized if there is a significant change in circumstances. Situations such as a job loss or a substantial increase in one party’s income may warrant a review and potential adjustment of the alimony terms. Alimony may also be terminated if the receiving spouse gets remarried or enters into a supportive relationship. If you want to pursue a modification or a petition to terminate, it’s important to document evidence of these changes and consult with an attorney experienced in Florida family law.
Can I request alimony after the divorce is finalized?
Unless you can provide evidence that your spouse committed fraud or failed to disclose critical financial information during the divorce, it is all but impossible to petition for alimony once the divorce is finalized. If you believe you will need alimony, you must discuss this with your lawyer prior to finalizing the divorce.
Is alimony subject to taxes or tax deductions?
For divorces finalized on or after January 1, 2019, alimony payments are neither taxable income for the recipient nor tax-deductible for the payer, per the Tax Cuts and Jobs Act. For divorces finalized before this date, the previous tax rules may still apply.
Speak To Our Florida Alimony Attorneys In A Free Consultation
For more information or to schedule a free 30-Minute consultation, please call 866-776-0102 or 954-372-2062, you can also complete our online contact form. We are open between 9 a.m. and 5 p.m. Monday through Friday.
Our office is located in Pompano Beach. We accept credit cards.