Alimony and Spousal Support in Florida
How Florida decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: The court may award temporary, bridge-the-gap (up to 2 years), rehabilitative (up to 5 years, with a written plan) or durational alimony; the statute does not list permanent alimony. Fla. Stat. § 61.08
| Alimony (spousal support) | The court may award temporary, bridge-the-gap (up to 2 years), rehabilitative (up to 5 years, with a written plan) or durational alimony; the statute does not list permanent alimony. Durational alimony is not available for marriages under 3 years and may not exceed 50% of the length of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10 to 20 years), or 75% of a long-term marriage (20+ years), except in exceptional circumstances. It is capped at the lesser of the recipient's reasonable need or 35% of the difference in the spouses' net incomes. The court first decides whether one spouse has an actual need and the other can pay. Source: Fla. Stat. § 61.08 |
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| Dividing property | Florida uses equitable distribution, and the court starts from the premise that marital assets and debts should be divided equally. It can divide unequally based on factors such as each spouse's contributions, economic circumstances, length of the marriage, career interruptions, and intentional waste of marital assets within 2 years before filing. Nonmarital (separate) property generally includes assets owned before the marriage, gifts and inheritances from third parties, income from nonmarital assets (unless treated as marital), and assets excluded by a valid written agreement. Assets acquired during the marriage are presumed marital. Source: Fla. Stat. § 61.075 |
Where to get help in Florida
More Florida divorce & family law
- Getting a Marriage License in Florida
- Adopting a Child in Florida
- Guardianship of a Child or Adult in Florida
- Establishing Paternity in Florida
- Changing Your Name in Florida
- Child Custody Laws in Florida
- How Child Support Is Calculated in Florida
- Divorce Records in Florida
- How to File for Divorce in Florida
- Legal Separation and Annulment in Florida
- All Florida divorce & family law rules
FAQ
How is alimony decided in Florida?
The court may award temporary, bridge-the-gap (up to 2 years), rehabilitative (up to 5 years, with a written plan) or durational alimony; the statute does not list permanent alimony. Durational alimony is not available for marriages under 3 years and may not exceed 50% of the length of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10 to 20 years), or 75% of a long-term marriage (20+ years), except in exceptional circumstances. It is capped at the lesser of the recipient's reasonable need or 35% of the difference in the spouses' net incomes. The court first decides whether one spouse has an actual need and the other can pay.
Is Florida a community property state?
Florida uses equitable distribution, and the court starts from the premise that marital assets and debts should be divided equally. It can divide unequally based on factors such as each spouse's contributions, economic circumstances, length of the marriage, career interruptions, and intentional waste of marital assets within 2 years before filing. Nonmarital (separate) property generally includes assets owned before the marriage, gifts and inheritances from third parties, income from nonmarital assets (unless treated as marital), and assets excluded by a valid written agreement. Assets acquired during the marriage are presumed marital.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.