How Long Do You Have to Pay Alimony?

Alimony or spousal support is financial payments from one spouse to the other spouse during and after a divorce. The payments help a spouse who cannot support themselves without assistance. The duration of alimony payments depends on several factors, including the type of alimony granted and the duration of the marriage.

What Types of Alimony Can Courts Award in Florida?

Florida Statute §61.08 defines the types of alimony awarded in Florida and the duration of alimony payments. According to the code, the types of alimony the court may grant include:

Temporary Alimony

A court may grant temporary alimony during a divorce to assist a spouse needing financial support. Temporary alimony ends when the court issues a final order or terminates the alimony payments, whichever date occurs first.

Bridge-the-Gap Alimony

This short-term alimony is paid to assist a spouse in adjusting to single life and a new lifestyle after a divorce. It gives the spouse time to become financially independent.

Rehabilitative Alimony

Rehabilitative alimony is like bridge-the-gap alimony. However, the spouse receiving alimony payments must have a rehabilitative plan to reestablish their earning potential.

Durational Alimony

A judge sets a specific time for durational alimony payments. Courts may grant durational alimony in long-term or short-term marriages.

The statute provides that courts can award periodic or lump sum payments for spousal support. Judges may consider the economic impact of adultery by either spouse when deciding the amount of the alimony payments.

What Factors Do Courts Consider When Deciding to Award Alimony?

The court must find that a spouse needs financial support and that the other spouse has the ability to pay financial support. If a judge finds alimony is appropriate, the law requires the court to consider all relevant factors including, but not limited to:

  • The duration of the marriage
  • The emotional, mental, and physical health of each spouse
  • The age of each spouse
  • The standard of living the spouses enjoyed during the marriage
  • The anticipated necessities and needs of life for each party
  • The education levels, employability, earning capacities, and vocational skills of each spouse
  • A spouse’s ability to obtain the skills necessary to become self-supporting
  • The income and resources of each spouse
  • The parenting responsibilities of each party concerning their children
  • The contributions of each spouse to the marriage, including non-monetary contributions

Judges may consider other relevant factors necessary to deliver an equitable and just decision. The judge must include all factors that impacted the decision in the written findings of facts.

How Long Do Alimony Payments Continue in Florida?

The duration of alimony is specified by statute. The law presumes the following when determining alimony payments:

  • Short-Term Marriage – Lasts less than 10 years
  • Moderate-Term Marriage – Lasts 10 to 20 years
  • Long-Term Marriage – Lasts 20 years or longer

The period of the marriage is determined from the day the parties got married through the filing date of the petition for dissolution of marriage.

The duration for alimony payments is:

Bridge-the-Gap Alimony

The term for bridge-the-gap alimony cannot exceed two years. The alimony payments terminate if either party dies or the receiving spouse remarries. The award for bridge-the-gap alimony cannot be modified after the order is entered.

Rehabilitative Alimony

The maximum duration for rehabilitative alimony is five years. The court may modify rehabilitative alimony for a substantial change in circumstances, non-compliance with the rehabilitative plan, or completion of the rehabilitative plan.

Durational Alimony

The judge decides how long durational alimony payments will continue. It terminates at the end of the period, upon either spouse’s death, or the receiving spouse’s remarriage. The court may modify the amount of durational alimony or terminate duration alimony based on a substantial change in circumstances.

The following rules apply for durational alimony:

  • Durational alimony cannot be ordered for marriages lasting less than three years
  • The term for durational alimony cannot be modified unless there is a showing of exceptional circumstances
  • The court may not award durational alimony for a period lasting longer than the marriage except in specific circumstances
  • The maximum term for durational alimony is 50% of a short-term marriage, 60% of a moderate-term marriage, and 75% of a long-term marriage

The exceptional circumstances that may warrant extending durational alimony beyond the statutory limits include the physical or mental disability of the spouse requiring support. The receiving spouse is the caregiver to a disabled child of the parties. Other factors could result in an extension of durational alimony.

Get Help With an Alimony Case in Orlando, FL

Alimony can be a significant factor in a divorce case. If you need help with issues related to spousal support, call McMichen, Cinami & Demps to schedule a confidential consultation with an Orlando spousal support lawyer. We assist clients with all matters related to divorce and family law. contact our office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803