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How Long Do You Have to Be Married to Get Alimony in Florida?

Posted by LEISA WINTZ | Oct 16, 2023 | 0 Comments

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Alimony, also known as spousal support, is a financial arrangement that can significantly impact individuals going through a divorce. It is intended to help the lower-earning spouse maintain their standard of living after the marriage ends. However, the question of how long you have to be married to receive alimony isn't always straightforward. In Florida, as in many other states, several factors influence whether alimony will be awarded and, if so, the amount and duration of payments. Let's explore the complexities of alimony in Florida.

Qualifying for Alimony in Florida

In Florida, the length of the marriage plays a role in determining whether alimony will be awarded. Generally, short-term marriages, which are less than 7 years, are less likely to result in alimony awards. However, moderate-term marriages of between 7 and 17 years may result in alimony payments, especially if there's a significant income disparity between the spouses. Long-term marriages, which are 17 years or more, are more likely to lead to alimony awards, particularly if one spouse was financially dependent on the other.

The Length of Marriage and Alimony Payments

It's important to note that while the duration of the marriage is a factor, it doesn't solely determine alimony payments. Florida family courts consider various elements, including each spouse's financial resources, contributions to the marriage, and the standard of living during the marriage. The primary goal is to ensure that the lower-earning spouse can maintain a similar lifestyle after the divorce.

Types of Alimony in Florida

Florida recognizes several types of alimony, each serving different purposes:

  1. Bridge-the-Gap Alimony: This short-term alimony helps one spouse transition to a single life. It's typically awarded for up to 2 years.
  2. Rehabilitative Alimony: Awarded to assist the lower-earning spouse in acquiring the education or skills necessary to support themselves.
  3. Durational Alimony: Generally reserved for moderate-term marriages and awarded for a specified period, not exceeding the duration of the marriage.
  4. Permanent Alimony: This type of alimony is more likely in long-term marriages. It provides ongoing financial support, although it can be modified or terminated in certain circumstances.

Factors Influencing Alimony Payments

Apart from the length of the marriage, Florida courts consider several factors when determining alimony awards:

  • The financial resources of each spouse
  • Contributions to the marriage, both financial and non-financial
  • Standard of living during the marriage
  • Each spouse's age and physical/mental condition
  • Each spouse's earning capacity and educational level
  • Whether one spouse interrupted their career or education for the marriage or to raise children

Modification of Alimony Payments

Life is unpredictable, and sometimes circumstances change. If you're already receiving or paying alimony, and your financial situation or your ex-spouse's circumstances have changed significantly, you can petition the court to modify alimony payments. These modifications can involve changes in income, employment status, or other factors affecting your ability to pay or your ex-spouse's need for support.

In Florida, the length of your marriage is a critical factor in determining alimony, but it's not the only one. A variety of elements come into play, and each case is unique. If you're facing divorce or alimony-related issues, it's crucial to consult with an experienced family law attorney. If you're in need of legal assistance regarding alimony in Florida, please don't hesitate to reach out to us at Family Matters. Our dedicated family law attorneys are here to provide the expertise and support you need during this challenging time. Contact us today for a consultation and let us help you secure the best possible outcome for your future. Your financial security and peace of mind matter, and we're here to protect your interests.

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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