Alimony, which some people call spousal support or spousal maintenance, is a controversial element of many divorces. One spouse expects the other to provide financial support after the divorce. They may feel like they gave up job opportunities to support their spouse’s career or care for the family. The spouse who may have to pay might resent the obligation to provide ongoing support.
Couples often have to ask a Florida family law judge to determine what is reasonable when one spouse requires alimony from the other. The goal is a fair outcome where a spouse who made sacrifices for the family unit has the opportunity to improve their finances and earning potential without imposing hardship on the other spouse.
Florida has made significant changes to alimony laws in recent years that limit how long a spouse must pay alimony in most circumstances. Barring highly unusual situations, how long does alimony typically last in Florida?
Payment duration depends on marriage length
The longer that couples remain married, the stronger the claim of a dependent spouse to alimony support from the other. Typically, the courts award alimony as a percentage of the overall duration of the marital relationship. For shorter marriages that lasted 10 years or less, alimony usually only lasts at most 50% of the marriage’s duration. The order usually expresses the length of the order in months.
For marriages that last between 10 and 20 years, a judge can award alimony payments that persist for up to 60% of the total length of the marriage. For longer marriages that lasted 20 years or more, judges can potentially award alimony for 70% of the duration of the marriage.
The amount of alimony ordered is also a reflection of marital circumstances. Judges look at the cost of living, the earning potential of each spouse, the separate property of each spouse, the need of the party requesting alimony and the ability of the other party to pay.
Spouses do typically have the option of negotiating their own settlements that include a set amount of alimony for a fixed amount of time. Otherwise, they must wait for a judge to interpret the law based on the circumstances of their marriage.
People who understand the rules that govern Florida alimony can respond more effectively to family court proceedings. Aligning expectations with state law can help people know when to fight and when to compromise during a complex divorce process.