Dedicated Melbourne Alimony Lawyers

Alimony is often a contentious issue during a Florida divorce. Determining eligibility for alimony and how much you expect to receive or pay is crucial to understand as you go through the divorce process.

At Platt Cole Russell & Simpson PLLC, we help spouses through the process of determining alimony, whether their goal is to receive payments or avoid paying them.

Understanding Florida’s New Alimony Laws

As of June 2023, Florida’s alimony laws underwent a major upheaval due to a reform bill passed the Florida legislature and was signed by Governor Ron DeSantis. This new law:

• Eliminates permanent alimony
• Introduces four types of alimony: temporary, bridge-the-gap, rehabilitative and durational
• Alimony can be paid in a lump sum or periodically as ordered by the court
• Courts are allowed to consider adultery of either spouse when awarding alimony
• Courts are required to consider nine factors when determining alimony, including:
  • Whether the party seeking support actually needs support and if the other party has the ability to pay the support.
  • The standard of living during the marriage
  • The duration of the marriage
  • The age and physical and mental conditions of both parties
  • The income and resources of both parties, plus the income earned from marital and nonmarital assets
  • Earning capabilities, education level and employability of each party
  • Each party’s contributions to the marriage such as homemaking and child care
  • Each party’s responsibilities in raising any children
  • Any other factors of equity or justice that should be considered
• Short-term marriages are considered to last less than 10 years.
• Moderate-term marriages last anywhere between 10 and 20 years.
• Long-term marriage is now considered to be 20 years or more.

These new alimony laws can be confusing. At Platt Cole Russell & Simpson PLLC, we monitor the progress of all family law legislation. Alimony reform is a subject of intense interest to our clients, and our alimony attorneys are on top of this issue, in order to deliver best outcomes for you.

The New Types Of Alimony

As mentioned above, there are now four types of alimony available under Florida law. They are as follows:

• Temporary alimony: This type of alimony is often awarded when a couple has separated but not yet divorced to help the awarded spouse make it through the divorce proceedings.
• Bridge-the-gap-alimony: This type of alimony can be awarded to a party who needs assistance during the transition from married life to single life. It has a maximum length of two years.
• Rehabilitative alimony: This type of alimony is to help the awarded party receive education or training that will allow them to become self-supporting. Rehabilitative alimony has a maximum duration of five years.
• Durational alimony: This type of alimony is awarded for a set period of time as determined by the courts. It cannot last longer than 50% of the length of a short-term marriage, 60% of a moderate-term marriage and 75% of a long-term marriage.

Determining whether you’re eligible for alimony and which type of alimony can be difficult without an experienced lawyer on your side. Our family law attorneys can help you understand the new types of alimony and build a strong case to help you secure alimony payments or fight against them.

Modifications To Alimony Orders

If your spouse is seeking to decrease or terminate your alimony award, or you are seeking to reduce your alimony payments, talk to us about a modification to your existing court order. Platt Cole Russell & Simpson PLLC can help you pursue modifications or to defend against them.