Assessing The Potential Impact Of Alimony On Your Divorce

Getting a divorce can be a stressful time in your life. Trying to settle alimony can be even more complicated. Alimony is a financial obligation that one spouse pays to another after a divorce. It can be either a recurring payment or a one-time lump sum. However, it is not guaranteed.

I am Lorri Fishman, a Fort Lauderdale attorney with extensive experience handling family law issues. I have extensive knowledge of Florida’s alimony laws and can help you determine if and how it may affect your life after divorce. I also have practical knowledge after going through my own divorce.

Florida Allows Three Types Of Alimony

After a divorce is final, courts can award alimony for a limited period for various reasons, including living expenses and educational opportunities. Florida has three types of alimony that vary by length and amount. Due to a change in the law in 2023, Florida’s no longer allows permanent alimony.

Depending on your situation, you may have grounds for seeking one of the following types of alimony.

Bridge-The-Gap

Also called temporary alimony, bridge-the-gap alimony helps receiving spouses adapt to a single life. These short-term payments cannot exceed two years and can’t be modified. Bridge-the-gap payments cease after two years, the recipient’s remarriage or death.

Rehabilitative

Rehabilitative alimony can last up to five years, allowing the recipient to develop or refresh employment skills to be self-supportive. A court must approve a detailed plan, which may include education, training or work experience. Courts must approve any modifications.

Durational

Durational alimony may be available based on the length of the marriage. Unions lasting less than three years aren’t eligible. Florida laws define marriage durations as:

• Short-term: If your marriage lasted three to seven years, alimony may result for up to 50% of the time you were married.
• Moderate-term: If your marriage lasted seven to 17 years, alimony may result for up to 60% of the time you were married.
• Long-term: If your marriage lasted 17 years or longer, alimony may result for up to 75% of the time you were married.

Durational alimony payments can’t exceed 35% of the disparity between both parties’ incomes or the recipient’s reasonable needs, whichever is less.

What Factors Do Courts Consider For Setting Alimony Payments?

Under Florida law, requesting spouses must prove they deserve alimony and that their ex-spouse can pay. Here are some of the factors judges consider:

• The marriage’s length
• Each spouse’s emotional and physical condition
• The standard of living for spouses
• Each party’s financial resources, including nonmarital and marital assets and debts
• Each party’s ability to find appropriate employment
• The earning capacity of each spouse, their vocational skills and educational levels
• The length of time for either spouse to find employment, which may include necessary education or training
• All available income for either party, including investments

As you can see, assessing alimony and establishing the length and amount is extremely complicated. I understand these complex laws and can explain how or if your future may be affected. I will also advocate for your interests in court.

Does Cheating Affect The Alimony Order?

Florida is a no-fault divorce state, so you do not have to prove wrongdoing to end your marriage. Even so, many people do not realize that adultery can still reach the financial side of a case.

Under state law, a court may consider the adultery of either spouse and any resulting economic impact when setting alimony. If your spouse spent marital funds on a paramour, such as gifts, travel, hotel stays or an apartment, that spending can become relevant to the award. If it also amounts to intentional waste or depletion of marital assets after the divorce filing or within the two years before it, the court may consider it when dividing property.

These issues often depend on tracing specific expenses rather than simply proving that an affair occurred. I help clients gather bank statements, credit card records and receipts that show where marital funds went and how that spending could affect the case.

Can Your Alimony Change After The Divorce Is Final?

Florida law allows either spouse to seek a change to certain alimony awards when circumstances substantially shift after the divorce. However, the type of alimony matters because some awards remain fixed. For example, the length of a durational alimony generally stays fixed unless exceptional circumstances justify extending it.

For a modifiable award, the person requesting the change must show that it was not anticipated when the court entered the final judgment. The change must also be significant, material, involuntary and lasting. A substantial pay cut, job loss or major health condition may support a request when it affects one spouse’s ability to pay or the other spouse’s need for support.

Retirement has a separate standard. A paying spouse may seek to reduce or terminate alimony after reaching the usual retirement age or the customary retirement point for the profession, provided the spouse has retired or taken concrete steps toward doing so. The petition may be filed up to six months before a reasonable and voluntary retirement.

A supportive relationship can also lead to a reduction or termination. The court may examine whether the receiving spouse shares finances, expenses, property or economic support with another person. The paying spouse must prove that the relationship exists or existed within the 365 days before filing.

There is no single timeline for these cases because a modification may involve financial disclosure, discovery and a hearing if the parties do not resolve the dispute. The court may make a change retroactive to the filing date when equity supports it.

Work With A Fort Lauderdale Alimony Attorney Who Will Protect Your Financial Interests

When you work with me, you’ll benefit from:

• Over 25 years of experience
• Personal understanding of what you are going through
• A small boutique law firm that gives you VIP service

I have the legal and personal knowledge to assist you on this complicated journey. Call Lorri K. Fishman, P.A., at 954-928-9832 or email me to schedule a free consultation. I will be there from start to finish so you can make an informed decision.